This paper examines the increasing convergence between intelligence activities and criminal justice within the Italian legal system, focusing on how preventive strategies, mass surveillance, and new investigative technologies challenge traditional procedural guarantees. It explores the current shift toward an anticipatory model of state intervention; the intelligence cycle and the methods used for data collection; the implications of emerging tools such as IMSI catchers and drones; and the critical impact of these practices on criminal proceedings and fundamental rights, particularly the rights to privacy and due process. The paper concludes with considerations on de jure condendo developments, emphasizing the need for clearer legislation and stronger safeguards in an era of expanding preventive intelligence operations
Intelligence Investigations and Criminal Proceedings: The Italian Experience
Nocerino
2026-01-01
Abstract
This paper examines the increasing convergence between intelligence activities and criminal justice within the Italian legal system, focusing on how preventive strategies, mass surveillance, and new investigative technologies challenge traditional procedural guarantees. It explores the current shift toward an anticipatory model of state intervention; the intelligence cycle and the methods used for data collection; the implications of emerging tools such as IMSI catchers and drones; and the critical impact of these practices on criminal proceedings and fundamental rights, particularly the rights to privacy and due process. The paper concludes with considerations on de jure condendo developments, emphasizing the need for clearer legislation and stronger safeguards in an era of expanding preventive intelligence operationsI documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
