Relations between the Security Intelligence System and Judicial authorities are governed by criteria inspired to mutual cooperation, as well as to the balance between the interests of justice and the safeguard of the State's security.

In this context, the President of the Council of Ministers has the power to request of Judicial authorities such copies of records of criminal proceedings, even if covered by secrecy, or written information on as to their contents, as he deems indispensable for intelligence purposes.

For the same purposes, the DIS, in supporting the President of the Council of Ministers, may obtain information regarding inquiries conducted by the judicial police, even if covered by secrecy, with the prior authorization of Judicial authorities with competence.

As to the procedures involving the protection of DIS, AISE and AISI staff that have to make statements during the course of legal proceedings, Judicial authorities must take every possibile step to protect the person who has to be examined, including his or her remote participation.

As to State-secret status provisions, the law envisages that, if Judicial authorities obtain, by interception, service communications by a member of the DIS, the AISE and the AISI, they must order that anything involving such communication should be immediately classified as a secret. Judicial authorities must also send the President of the Council of Ministers a copy of the documentation they intend to use in order to ascertain if such information has State-secret status.

If State-secret status is invoked, Judicial authorities are not allowed to use information having State-secret status, but they may proceed on the basis of other elements.

If Judicial authorities need to obtain documents, records, or things from the DIS, the Agencies, or other offices related to the Security Information System, they may carry out an on-site examination of the documents or things and admit to the evidence those that are strictly indispensable to the investigations.

In such cases, Judicial authorities may address a request to the President of the Council of Ministers if:

• they have reason to believe that the documents requested and those produced are inconsistent
• elements originating from a foreign intelligence agency must be obtained and transmitted under a non-disclosure agreement. In such a case, once the necessary steps are taken with the foreign authority, the President of the Council of Ministers authorizes the acquisition or invokes State-secret status.

Relations with Judicial authorities involve also functional guarantee procedures.