Is it possible to be under investigation without knowing it?

The Italian criminal procedural system is structured in such a way that, once a crime is reported, preliminary investigations are initiated to seek evidence regarding the validity (or otherwise) of the reported crime.

These investigations are characterized by absolute secrecy, intended to prevent the alleged perpetrator, if informed of their existence, from obstructing them.

Therefore, it is quite possible (and indeed, it is the norm) that a person may be under investigation for months (including through phone or environmental wiretaps, surveillance, account checks, etc.) without their knowledge.

Typically, one will learn that they have been “monitored” by the investigating authorities only after the investigation is concluded (when receiving the “Notice to the Suspect of the Conclusion of Preliminary Investigations”, Click HERE to read the article “I have received the notice of conclusion of preliminary investigations. What should I do?”).

In rare cases, however, it is possible to learn that one is under investigation during its course: for instance, if the severity of the crime and the risk of repetition justify the immediate detention of the alleged perpetrator (thus, they will immediately learn of the ongoing investigation).

That said, although there is no obligation to inform the individual of the initiation of investigations against them (to ensure the “integrity” of evidence collection), the law grants every citizen the right to request information from the Judicial Authority at any time about the existence of investigations against them (note that this is only about the mere existence of investigations, not the evidence collected, which will only be disclosed at the end of the investigative activity).

It is important to clarify that even in such cases, the “preference” of the State for investigative purposes over the individual’s “curiosity” may resurface, as, at least when the alleged crimes are particularly serious, the Judicial Authority may exercise a temporary power of “secrecy” over the information, providing the requester with a seemingly negative response (“No records available for disclosure”), while they are actually, unbeknownst to them, under investigation.

Founding Attorney

Jacopo Antonio Ahmad

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