• Milleproghe and interception decree in the Council of Ministers in progress
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21 December 2019 "Today we approved the decree law on wiretapping in the Council of Ministers, an indispensable tool for investigations". Alfonso Bonafede, Minister of Justice, writes it on Facebook. "Now we are developing a modern and digital system: there will be greater guarantees to find a balance between the need for investigations, the protection of confidentiality and the right of defense," says Bonafede, "all this system will come into force in March for give time to offices and experts to adapt and implement such delicate regulations from an organizational viewpoint ". Now, concludes the Guardasigilli, "the provision will make its parliamentary process for the conversion but there were acts that we could not delay, because all the investigations underway in the various Italian prosecutors were put at risk".

Gelmini: "Decree-law lacking the constitutional requirements of necessity and urgency"
"We learn with deep alarm that the government is in the process of perpetrating yet another forcing on the constitutional rules and dynamics that should characterize a parliamentary system. In the same hours in which it is consumed - in defiance of the warning formulated by the Consulta in ordinance no. 17 of 2019 - the total obliteration of the prerogatives of one of the two Chambers with respect to the examination and approval of the budget law, the Council of Ministers announces a new, manifest abuse of the institution of the emergency decree, on a topic, that of wiretapping, at the crossroads of capital, interests and constitutional rights. Once again, one enters the legal system with a decree without the constitutional requirements of necessity and urgency, to carry out an organic reform which - by definition - cannot be implemented through a decree-law. The goal as always is to jump to
the parliamentary debate is also equal: a debate that this ramshackle majority knows they cannot handle, with cracks that even the glue of the armchairs can no longer cover ". Thus Mariastella Gelmini, President of the Forza Italia Parliamentary Group of the Chamber of Deputies.

Enrico Costa, Fi Justice Director adds: "We appeal to the President of the Republic to stop the violent and unconstitutional circumvention of the Parliament carried out with the wiretapping decree law, which - beyond the merit - totally lack the requirements of necessity and urgency. If the Consultation declared the decree unconstitutional one day, all the interceptions made in the meantime would be overwhelmed, with heavy effects on the processes ".

Verini: "Ok CDM to Orlando reform, it is civilization reform"
"The CDM has decided on the entry into force of the Orlando reform on wiretapping, with the technical changes that had been agreed and that will be applied by March 2." This is what the deputy and head of justice of the Democratic Party Walter Verini says. "This is an important reform not only for the Democratic Party that supported it in the last legislature, but for the country. This investigative tool is strengthened to target serious crimes, the right to information is guaranteed for those of criminal relevance, yes it guarantees respect for privacy for those which are not relevant. It is, on the whole, a norm of civilization. Now immediately at work for the rules that guarantee certain times for the processes ", adds Verini.

What does the decree provide?
These, in particular, the main changes introduced with the decree:

- Pm supervision
It will be the public prosecutor - and not the judicial police as foreseen by the previous reform - that will have to select the material to establish what are the interceptions of relevance for the investigations and those, however, irrelevant. "The public prosecutor gives indications and ensures that expressions affecting people's reputation or those concerning personal defined as sensitive by law are not recorded in the minutes, unless they are interceptions relevant for the purposes of the investigations", reads an article of the decree.

- More space for defense
The defense lawyers will have access to all the interception material filed, without the limits established by the Orlando reform. The defendants "electronically have the right to examine the documents and listen to the recordings or to take cognizance of the flows of IT or telematic communications" and "can extract a copy of the transcripts and have the registration transposed on suitable support".

- No risks for reporter who publishes
The journalist who publishes the interception no longer risks being indicted for violation of professional secrecy. The rules in force today remain substantially.

- Use of the trojan
The 'spy virus' Trojan can be used for crimes punished with penalties over 5 years committed by public officials or public service employees against the Public Administration.

- Deposit only electronically
The filing of documents and measures relating to wiretapping is performed exclusively electronically.

- Digital archive
In the digital archive kept under the direction and surveillance of the Public Prosecutor, the minutes, the deeds and the recordings of the interceptions will be kept. Any eventual access or release of copies will be noted in a special register, managed with IT methods with indicated date, start and end time, and specifically consulted documents.