The essential role of the investigation in fighting economic crime in Italy

Author:Domitilla Vanni
Position:University of Palermo, Palermo, Italy
Pages:465-480
SUMMARY

Purpose This paper aims to analyse the evolution of European anti-money laundering discipline passing from the First Money Laundering Directive 91/308/EEC, that was only referred to banks and financial intermediaries, that has been furthermore extended to some activities and professions outside the financial sector. The research examines the different steps done buy Italian Legislation in the field of economic crime: at first Law n. 14/2003 of 3 February 2003 (Communit... (see full summary)

 
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The essential role of the
investigation in ghting
economic crime in Italy
Domitilla Vanni
University of Palermo, Palermo, Italy
Abstract
Purpose – This paper aims to analyse the evolution of European anti-money laundering discipline passing
from the First Money Laundering Directive 91/308/EEC, that was only referred to banks and nancial
intermediaries, that has been furthermore extended to some activities and professions outside the nancial
sector. The research examines the different steps done buy Italian Legislation in the eld of economic crime:
at rst Law n. 14/2003 of 3 February 2003 (Community Law 2002), they transposed the 2001 Directive
2001/97/EC and then the Law n. 56/2004 of 20 February 2004, that has implemented Directive 2001/97/EC.
Now it is urgent to implement Directive 2005/60/EC that has extended the scope of the legislation, including
the ght against the nancing of terrorism and modied anti-money laundering obligations.
Design/methodology/approach – This paper deals with the Legislations of some European States
(in particular UK and Italy) interpreting them by a comparative method.
Findings This paper has put in clear some differences and some analogies between national
legislations of different countries.
Research limitations/implications In Italy, at rst Law n. 14/2003 of 3 February 2003
(Community Law 2002), has transposed the 2001 Directive 2001/97/EC and then the Law n. 56/2004 of
20 February 2004, has implemented Directive 2001/97/EC. In 2005, Directive 2005/60/EC has extended
the scope of the legislation, including the ght against the nancing of terrorism and modied
anti-money laundering obligations.
Practical implications – In the context of economic crime, capital investigations represent one of the
most effective tools to ght the activities of organized crime in the phase of managing wealth illicitly
produced and its immission in the circuit of the legal economy.
Social implications – The need of ghting economic crime must always be harmonized with the
protection of right to privacy that has been acknowledged by Article 8 of the European Convention of
Human Rights of 1950 as a fundamental right.
Originality/value – This paper develops the need to balance the right to privacy of every European
citizen (Article 8 CEDU) with investigative power exercised by Public or Private Authorities, considering the
possibility to comprise the rst – if necessary – to allow the regular exercise of the second.
Keywords Economic, Investigation
Paper type Research paper
Some jurisdictions regulate exactly what information an investigator can share with
clients or with other people. Sometimes, particularly when investigating a criminal case,
Cambridge Symposium – 3rd September 2013.
Workshop: Organized crime-yesterday – The legal and nancial issues.
Fighting Economic Crime in the Modern World – the role of the private sector – partners and
problems.
The current issue and full text archive of this journal is available on Emerald Insight at:
www.emeraldinsight.com/1359-0790.htm
Fighting
economic
crime in Italy
465
Journalof Financial Crime
Vol.23 No. 2, 2016
pp.465-480
©Emerald Group Publishing Limited
1359-0790
DOI 10.1108/JFC-08-2014-0038
an investigator may inform only the appropriate law-enforcement agency of his
ndings.
In Italy with the Decree of the President of the Republic nr.153 4 August 2008,
amending the Royal Decree of 6 May 1940, nr.635 for the execution of the consolidated
public safety laws in the eld of private security guards, institutions surveillance and
private investigation, published in the Ofcial Gazette of the Italian Republic dated 6
October 2008, it was carried out an extensive review of the regulations governing
private security (Title IV of the implementing Regulations of the TU law on public
security) to adapt the content to the Community rules, in the judgment of the Court of
Justice of the European Communities, C – 465/05 of 13 December 2007, and to give effect
to the provisions of a legislative nature already adopted in the Article 4 of the Decree
Law 8 April 2008, 59 (converted into law 6 June 2008, nr.101).
The Presidential Decree 153/2008 represents the beginning of a journey that, once
completed, will bring the private security rms to transform from “institutions” in
“Business”, by “operators of supervision” to “private security professionals,” from
“lenders opera” to “integrated service providers”.
The process of regulatory compliance with Community law of the Italian rules of
private security asked for further administrative actions for implementation, rst of all
the establishment of the technical, economic and operational (i.e. technical ability) for the
private security for private investigations and business information.
To this end was prepared D.M. 1 December 2010, nr.269.
In particular, Article 5 of this decree, “Quality of private investigation services and
commercial information”, states.
For the purposes of the denition of the types of activities referred to in Article 4,
paragraph 2, and the minimum requirements of quality of services, identies the
following types of survey activities, performed in compliance with the existing
legislation and put in place without action involving the exercise of public powers
reserved to the Police and the prosecution:
(a) Private investigation
(a.I): investigations in the private sector aimed at researching and identifying
information required by the individual, even for the protection of a legal
claim, which may relate, among other things, the areas family, bed, sheet
and search for missing persons;
(a.II): investigation activities within the company, requested by the holder of the
company or by the legal representative or by special prosecutors appointed
individuals or legal entities public and private time to resolve issues
pertaining to the business enterprise, also required for the protection of a
legal claim, which may include, inter alia: illicit actions by the employee,
indelity professional, scientic and technological heritage protection,
protection of trademarks and patents, unfair competition and
counterfeiting of products;
(a.III): survey activities in the commercial, requested by the holder of the
business or by the legal representative or authorized to do so by special
prosecutors to recognize and ascertain the causes of, even in accounting
terms, the shortfalls and shrink in the commercial sector, including through
the collection of information obtained directly from the local the client;
JFC
23,2
466

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