Text ( in the Official Gazette nr. 304 - December 30, 1991) of the law-decree dated October 29, 1991, n. 345, coordinated with the law dated December 30, 1991, number 410.

Art. 1

(General Council for the fight against organized crime)

1. The General Council for the fight against organized crime set up within the Ministry of Interior is chaired by the Minister, as he is responsible for the direction and the coordination related to public security. The Council members are:

a) the Chief of Police - General Director of Public Security;

b) the Commanding General of the Carabinieri;

c) the Commanding General of the Guardia di Finanza;

d) the High Commissioner for the coordination of the fight against mafia crime;

e) the Director of the Intelligence and Democratic Security Service;

f) the Director of the Intelligence and Military Security Service;

2) The General Council for the fight against organized crime provides for, on the specific organized crime matters:

a) determining and adjusting the guidelines for the anti- crime prevention activities and for the investigations, sharing the tasks among the police forces as to areas, type of activity, type of crime, considering the jurisdiction of each office and department, and in particular the interagency units;

b) determining the resources, the means and the equipment necessary to carry out their job and to establish the criteria to optimize their role;

c) from time to time verifying the results related to the strategic objectives outlined and to the guidelines suggested, proposing, whenever necessary, the measures suitable for removing deficencies and malfunctioning in order to establish responsibilities and non-fulfillments;

d) contributing in determining the guidelines for the Prefetti of the regions (local government authorities) in order to carry out the coordination and control activities according to the powers delegated to them.

3. The General Council issues ad hoc guidelines to be accomplished by the offices and units of the single police forces, and also by the Department established by article 3.

4. The Office for the coordination and planning of the police forces- Department of Public Security- is entrusted with the technical- administrative functions and functions as the Secretariat of the Council.

Art. 2.

1. In the frame of the activities for the information and security of the State, provided for by law dated October 24, 1977, number 801, without prejudice to the powers and the discipline of the regulations here set forth, the power to carry out intelligence activities and investigations as far as any danger or terrorist act by any criminal groups threatening the institutions and the society at a national and foreign level, is attributed respectively to SISDE (The Intelligence and Democratic Security Service) and SISMI (The Intelligence and Military Security Service). To this end, the Prime Minister, with his own decree, and with the approval of both the Ministry of the Defense and the Interior, issues the guidelines and establishes the adjustment criteria of the intelligence activity of SISDE and SISMI to the goals provided for by this decree.

2. Besides the regulations as to Art.9 of the law dated October 27, 1977 n. 801, any information and other facts concerning or connected to the activities of mafia type organized crime, coming to the knowledge of SISMI and SISDE, must be immediately communicated to the High Commissioner for the coordination of the fight against mafia crime, according to the last paragraph of art. 1 of the law decree of September 6, 1982, n. 629, converted, with several changes, into law of October 12, 1982, n. 726 and with further integrations and modifications.

2 bis. In order to carry out the activities provided for by paragraph 1 and 2, the staff belonging to the unit as to article 1- ter, par. 1, of the law decree September 6, 1982, number 629, converted into law dated October 12, 1982, n. 726, as generally spoken of art.2 of the law dated November 15, 1988, n. 486, is sent back to his originating corps.

2-ter The paragraphs 1 and 2 of article 1 ter of the law decree dated September 6, 1982, number 629, converted with amendments, into the law dated October 12, 1982, n. 726, as generrally indicated by art.2 of the law dated November 15, 1988, n. 486, are eliminated.

2 quater The High Commissioner for the coordination of the fight against organized crime accomplishes the functions provided for by the regulations in force until December 31, 1994. Since January 1st, 1995 the jurisdiction of the above mentioned institution is conferred to the Ministry of Interior with the power to delegate to Prefetti (local government authorities) and to Antimafia Investigation Department Director as to Art. 3, with exception of those provided for by paragraph 3 - Art. 1-ter of law decree dated September 6, 1982, n.629, converted with amendments into law dated October 12,1982, n. 726, as generally spoken by Art.2 of law dated November 15, 1988, n.486, which are attributed to the Chief of Police- General Director of the Security Department.

2 -quinques.- Starting from January 1st, 1995, the heading named "High Commissioner for the coordination of the fight against mafia crime" established in the framework of the budget of the Ministry of the Interior by art. 4 of the law dated 15 November 1988, n. 496 is cancelled, and the funds allocated on the corresponding items, as well as those indicated to the High Commissioner by paragraph 3 of Art. 17 of the law decree dated 15 January 1991, n. 8 amended into law 15 March 1991, n. 82, are transferred on the items "Public security" on the same budget, respectively in order to finance the DIA and the overall amount relating to the protection measures for cooperating witnesses. The Minister of the Treasury has the power to amend the budget with his own decree.

3. The control over the activities, is provided for by the Committee mentioned by the art. 11 of the law dated 24 October 1977, n. 801, following the procedures herein indicated.

ART.3

1. An Antimafia Investigation Department is established in the frame of the Department of Public Security, with the mission to carry out, in coordinated manner, intelligence activities targeting organized crime and to conduct investigation exclusively concerning mafia and mafia-related matters.
2. DIA intelligence activities focus on the structures of criminal organizations, their national and international connections, their objectives and modus operandi as well as any other mafia criminal activities, including extortions.
3. The Antimafia Investigation Department in carrying out its tasks, cooperates in close connection with the other police agencies and with the police forces operating at a central and peripheral level.
4. Law enforcement officials and officers must give any possible assistance to DIA investigators. In particular officers of the Central and Interprovincial Investigative Services mentioned by the art. 12 of law decree dated 13 May 1991, n. 152, amended into law 12 July 1991, n. 203, must constantly communicate to DIA investigators, committed of related inquiries, all the information acquired and, if requested, they must also conduct specific inquiries and joint investigations along with DIA officers. Since January 1st. 1993, the above mentioned personnel belonging to the Central Investigative Services of the National Police, the Carabinieri and the Guardia di Finanza, is assigned to the DIA: their quota, the criteria and procedures are determined by a decree of the Minister of the Interior, with the agreement of the Ministers of the Defence and Finance.
5. The general responsibility for the activities conducted by the DIA, is assigned to the "High Commissioner for the coordination of the fight against mafia crime", notwithstanding the tasks indicated by the law decree dated September 6 1982, amended into the law October 12 1982, number 726 and further changes and integrations. The DIA must report periodically its activities and achievements to the Council according to art. 1, and the "High Commissioner" is responsible for its provisions to be carried out according to the guidelines issued according to the same art. 1.
6. The DIA is headed by a Director of operations selected among the highest ranking officers of the National Police and officers having a rank of at least Brigadeer General for the Carabinieri and the Guardia di Finanza, with specific experience in organized crime investigations. The DIA Director takes part to the meetings of the General Council as to art. 1 and reports about the functioning of the units depending upon it and about its achievements.

6. bis-A deputy director is assigned to the DIA, according to the same criteria of paragraph 6, that replaces or represents the Director in his absence.
7. The DIA staff includes personnel from the National Police, the Carabinieri and the Guardia di Finanza.
8. The Ministry of Interior, in agreement with the General Council, as to art. 1, establishes the organization of the DIA, according to the principle of the specialization of the investigation branches and to the peculiarity of the regulations of the police agencies; however, in the first phase, the structure is subdivided as follows: a) preventive investigations branch; b) investigation branch; c) international investigations relations.
9. In accordance with the procedures indicated in art.5 par.7 of the law 1 April 1981, n.121, subsequently amended, the quota and the jurisdiction of the divisions making up the various branches, as to paragraph 8, are determined. The same procedures will regulate the assignment of the staff to the branches and divisions, according to principles of technical-professional skill and to the aim of realizing among officers in charge of the above mentioned posts, a substantial equality and the same arrangment of functions, also through the criteria of the rotation of roles.
10. In order to carry out the provisions of this article, the Minister of Interior with his own decree, will issue provisions to assign to the DIA all the activities previously belonging to the High Commissioner office, relating to tasks assigned by this decree to the same body.

Art.3 bis

1. For the requirements connected to the tasks assigned to the High Commissioner for the coordination of the fight against mafia crime, according to the present regulations, and for those tasks connected to the accomplishment of the law decree dated May 31 1991, n.164 amended into the law July 22 1991, nr. 221, based on the proposal of the Minister of Interior, a percentage of Prefetti within a maximum 15 % of the staff, may be available in order to be assigned to that post, besides the number established by art.237 of the Testo Unico (Unified Act) of the regulations concerning the statute of the civil servants, approved with a decree of the Presidente della Repubblica 1957, nr.3 and departing from the fixed time limits.
2. As to the art.2, par.1 based on the proposal of the Ministry of Interior, a quota of maximum 5 General Directors from the National Police, may be appointed as "out of permanent staff" at the Presidenza del Consiglio dei Ministri (Premier's Office) also exceeding the staff estimated by the current provisions for the SISDE.

Art.4.

1. In a first execution of this decree, the personnel and means to be allocated for the Direzione Investigativa Antimafia, are determined by a decree of the Minister of Interior, in agreement with the Minister of Treasury and the General Concil as to art.1. The Department of Public Security provides for the functioning of Antimafia Investigation Department as well as for the tasks related to the technical-logistic management and to the direction and administration of the personnel appointed . The procedure described in the paragraphs 2,3 and 4 is to be followed as to the appointment of the officials of the National Police, the Carabinieri and the Guardia di Finanza.
2. Within forty five days from the date of the coming into force of the present decree, the Presidente del Consiglio dei Ministri (Premier), by his own decree, to be adopted on proposal of the Minister of Interior, issues a national competition reserved for the members of the National Police, the Carabinieri and the Guardia di Finanza ranking not lower than Commissario (junior police officer) or equivalent rank, and not higher than vice questore aggiunto (senior police officer) or equivalent rank, in order to be assigned to the DIA. The officers and officials that apply within thirty days from the publication of the competition on the Gazzetta Ufficiale (Official Bullettin) of the Italian Republic, are entitled to participate in a selection based upon personal qualifications.
3. The regulations regarding the procedures of the competition, the determination of which categories of qualification are to be included for evaluation, the maximum score to be given to each category, as well as the composition of the Commission, are laid down by decree of the Ministry of Interior, to be adopted departing from the paragraph 2, of Art. 17 , law dated August 23, 1988, nr.400.
4. The officials and officers, who passed the selection based upon personal qualifications, as to par. 2, are assigned to DIA, by a decree of the Ministry of Interior, after communications to the agencies they belong to. To the above mentioned officers and officials, without prejudice to their ranks and remuneration, the regulations as to par. 2, 3 ant Art. 3 of the law dated November15, 1988, nr. 486, are applied.

4. bis. Besides the staff appointed according to par. 2, the High Commissioner for the coordination of fight against mafia organized crime, upon proposal of the DIA Director, may request the appointment of Officers and Officials with a percentage not higher than 5% of the quota established by par. 1.

4. ter. Specialization and updating courses are organized ad hoc by the Scuola di Perfezionamento delle Forze di Polizia ( Upgrading School for law enforcement), as to Art.22 of the law dated April 1st, 1981, nr. 121, and by interdepartmental sections located at the training institutes provided for by the same law.
5. With a further law regulation, a special role for investigators of the Minister of Interior will be set up in order to determine their statute, the quota to be employed , their legal status , their career, their salary on duty and on retirement. and further regulations will be laid down, concerning the staff already employed at the DIA.
6. In order to guarantee the connections between the DIA and the other law enforcement offices and units, including those units as to art. 12 of the law decree dated May 13, 1991, nr. 152, amended and converted into law dated July 12, 1991, nr. 203, the quota of Prefetti di Prima Classe (local government representatives) is to be increased of one unit, for the assignment to the Department of Public Security, as Vice Director General, General Director of the Criminal Police.

7. – 8. ( cancelled by the amendments)

1. Every six months, the Minister of the Interior must report DIA activities and achievements to Parliament as well as submit a yearly report on organized crime, according to art. 113 of the law April 1 1981, nr.121.

1. In order to accomplish this law decree, amounting to 547 millions lira for the year 1991 and to 9000 millions lira for the years 1992, 1993, and on a permanent basis, the capital allotment nr.2653, of the Ministry of the Interior for the year 1991 and corrispondent allotment for the following years are decreased and assigned to DIA.
2. The Ministry of Treasury is authorized to carry out the necessary changes of the budget.

Art. 7

(come into force)