At the hearing of 24 September 2026, the Joint Criminal Divisions of the Italian Supreme Court resolved an important interpretative conflict concerning the safeguards in Article 103 of the Code of Criminal Procedure for inspections, searches and seizures in lawyers’ offices.

The issue was whether those safeguards also apply where defence counsel is personally under investigation.

In the provisional information issued in case R.G. no. 6868/2026, the Joint Divisions answered in the affirmative: the safeguards under Article 103 for inspections, searches and seizures in lawyers’ offices also apply when the lawyer is the person under investigation.

The decision is significant because it clarifies that the lawyer’s procedural position does not, by itself, remove the special safeguards established to protect defence activity.

This does not amount to a general immunity of law offices from evidence-gathering. Article 103 itself allows inspections and searches where the lawyer, or another person who regularly works in the same office, is an accused person. The Joint Divisions nevertheless hold that even in that situation investigative activity must comply with the special safeguards laid down by the provision.

The principle is especially important because a law office, and today particularly its electronic archives, may contain documents, communications and data relating to many clients who are entirely unrelated to the proceedings in which the lawyer is under investigation.

The question had been referred to the Joint Divisions by order no. 22178/2026. A complete assessment of the principle will require the reasons for the judgment once filed.

Source: Italian Supreme Court – decided criminal question, R.G. no. 6868/2026, hearing 24 September 2026.
Official information and referral order