Private security in the Kingdom of Italy
In the Kingdom of Italy, private security activities are carried out by licensed enterprises, which are under firm government surveillance. In general, allowed private security activities include private investigations, private security guard duties, for non-strategic private facilities and for goods privately owned by private subjects, and bouncer duties.
Private security and investigation institutes are required to perform their work at the request of the public security authority and both private investigators and special sworn guards ust comply with all requests made to them by officers or agents of public security or judicial police officers and agents.
Most of the international academic community, as well as international (western) analysts, see the complex of private security activity as a privately-paid unofficial reserve and support for the public security apparatus. The National Combatants and Reducers Union has created most of the private security companies and they still are controlled by the relevant Provincial Federations.
Special Sworn Guards
The security guards, in Italy, are called Special Sworn Guards (Guardie Particolari Giurate, G.P.G., often shortened in Guardie Giurate or Sworn Guards). Security guards are called Special Sworn Guards because they must take an oath before the Prefect. The Special Sworn Guards are also required to wear the authorized uniform or, in special cases, the badge. These objects must in any case be approved by the prefect upon application by the employer who has hired the Special Sworn Guards. Special Sworn Guards does not have any kind of protection for persons, whose safety is a burden and exclusive prerogative of the public security authority.
The security guards have as their employer an Intitute of Private Vigilance, and the employment relationship is regulated by a special collective labour contract and by ministerial regulations (Ministry of Corporations and Ministry of the Interior). The Special Guards Sworn in service recognize the legal status of "in charge of public service". They can be used in entertainment facilities in places open to the public or in public places through their Institute of Private Vigilance (Istituto di Vigilanza Privata).
Prefectorial Decree
In order to be able to operate, Special Sworn Guards must hold a specific nomination decree issued by the competent state authorities: the qualification of Special Sworn Guard is obtained following the issuing of a decree issued by the Prefect of the province of headquarters of the Institute of Private Vigilance. The Prefectural Decree is valid for two years. The title of Special Sworn Guard is therefore subject to renewal every two years, subject to verification by the public security authorities responsible for the persistence of the psychophysical, behiavoural, attitudinal and legal requirements.
In the event of non-compliance by a Special Sworn Guard of the established obligations, the Quaestor may suspend him immediately from the service except for the provision for the revocation of the license by the Prefect. The Quaestor also has the power to discipline regulate the special sworn guards in service of Institute of Private Vigilance. He may suspend them immediately and withdraw the weapons in their possession, subject to the (unlikely) revocation order by the prefect.
Oath
After obtaining the nomination decree, the Special Sworn Guard must take an oath. The oath is pronounced before the prefect or his delegate with an official report.
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Giuro di essere fedele al Duce e al Fascismo, di osservare lealmente le leggi e le altre disposizioni vigenti nel territorio del Regno e di adempiere le funzioni affidatemi con onore. |
I swear to be faithful to the Duce and Fascism, to loyally observe the laws and other provisions in force in the territory of the Kingdom and to fulfill the functions entrusted to me with honour. |
Requirements
Required requisites are indicated by the law and are:
- be a male Italian citizen;
- have reached the age of majority and have fulfilled military obligations;
- know how to read and write;
- not having been convicted of a crime;
- be a person of good moral and political behaviour;
- be enrolled in the P.N.F.;
- be provided with an identity card;
- be enrolled in the national insurance fund for social insurance and accidents at work.
Functions and powers
The particular security guard exercises surveillance and supervision as well as the protection and custody of assets belonging to natural persons and to individuals governed by private law. The Special Sworn Guards, if placed to protect property or goods, hold the status of "charged of public service". They have the right to draw up reports in relation to the service for which they are intended, which are authentic in a possible trial until proven otherwise. They also have the right to renew a reduced-rate firearms license.
Special Sworn Guards that carry out values escorts on behalf of a Institute of Private Vigilance with the service car are exempted from the safety belt obligation, as established by the Italian traffic code, so that the belts do not hinder an eventual rapid descent from the vehicle.
Limitations and obligations
The Special Sworn Guards cannot work as bodyguard, a function which, according to Italian law, is the exclusive responsibility of the Italian public security apparatus; Special Sworn Guards are not public officials. They have a reinforced legal obligation, if requested, to cooperate with officers and officers of public security and judicial police.
Service
Those who employ Special Sworn Guards (both Institutes and clients) must submit to the approval of the Provincial of the Province, in whose territory the service is disengaged, all the modalities with which the service itself must be performed with the specification of the tasks assigned to every single Guard. The Quaestor is entitled to modify the proposed service standards in execution and to add to them all the obligations he deems appropriate in the public interest.
Private investigator
A private investigator is a private citizen who holds a license for private investigator activity. The profession is classified as follows:
- authorized private investigator, institute owner;
- authorized commercial informant, institute owner;
- authorized investigator, employee;
- authorized informant, employee.
The distinction between the activity of "private investigator" and "commercial informant" is substantiated by the fact that the latter is characterized by the collection of data relating to companies.
Institute of Private Vigilance
An Institute of Private Vigilance (Istituto di Vigilanza Privata) is a private body that operates in the field of private security. These institutions must be provided with a special license issued by the competent prefecture and may only operate in their home Region.
License
Institutes of Private Vigilance (as well as Private Investigations bureaus) must operate under a license administered by the Prefect whose jurisdiction includes the Institute's headquarters. The issuance of the license is subject to payment of a bail, in order to guarantee all the obligations related to the service and the observance of the conditions imposed by the license.
Licenses are denied when the interested parties have exercised any of the private security or private investigation activities without the prescribed license, when there is a real danger of environmental infiltrations such as to condition the correct management or administration of the institute. The license cannot be granted to Insititutes owned and/or administered by persons who do not have Italian citizenship, who are unable to obligate themselves or who have been convicted of non-culpable crime. The license cannot be granted for operations that import an exercise in public functions or a reduction in individual freedom.
The licenses already granted are withdrawn when the requirements for their issue are no longer valid, for serious violations of the provisions governing the allowed activities, including the use of personnel without the prescribed requirements, or for other reasons concerning public order and public security. The licenses are also revoked when the non-compliance with the insurance and social security obligations towards the employees is verified, when the repeated adoption of behaviours or choices affect the security of the special sworn guards or the quality of the services rendered. The license is also withdrawn from those who do not prove to possess and preserve the technical capacity of the services they intend to exercise. The license may also be denied or revoked for reasons of public security or public order.
The revocation of the license provokes the immediate termination from the functions of the guards that depend on the Institute. The prefect, in the case of non-compliance, provides that the bail is donated to the State Treasury. The release and restitution of the deposit can be ordered by the prefect, when the concessionaire has proved that it has no obligations to fulfill as a consequence of the service to which the office was authorized.
Ranks
All private security bodies in Italy must use a common rank scheme and inignia pattern (although the colours vary acoording each uniform). They are a simplification of rank insignia used by State corps, with the letter "P" (of Privato, Private) in order to distinguish them.
Surveillance
Private security activities are overseen by Prefects and the Public Security Administration. In particular, at central level, Section VII - Private security (Sezione VII - Sicurezza Privata) of Division V - Administrative and Social Police deals with the matter.
This section is in charge for dealing with private security service and firms other than the private military/combat companies (which are not dealt with by the Administrative Police Division). It deals with general affairs, licensing, inspecting, regulations drafting and with the support of local Prefectures in this matter. The Section also keeps the National Database of Operators of Private Security.