Joint Investigation Teams in the Italian Legislation Implementing Framework Decision 2002/465/JHA

The Author examines the belated Italian legislation implementing Framework Decision 2002/465/JHA on Joint Investigation Teams. The work focuses in particular on provisions concerning the scope of application of joint investigation teams, their duration and structure, highlighting the missed opportunity to provide for the participation, in the activities of the teams, of representatives of supranational bodies, such as Eurojust and Europol. Also matters regarding investigation measures available to joint teams and exchange of information between their members are examined: overall, the Italian implementing legislation complies with the corresponding EU law. Lastly, attention is paid to the fairly balanced ad hoc rules established for the use, in Italian criminal proceedings, of investigation material gathered by joint teams. However, only bare provisions are dedicated to the use of information lawfully obtained by Italian members or seconded members while part of such teams.