Interceptions: Chamber approves dl, 246 yes, it is law

2020-02-28T02:40:14.959Z

The Chamber has definitively approved the wiretapping decree which is now law. The votes in favor were 246, 169 instead the 'no'. Here are the main news: PM WILL SELECT INTERCEPTIONS Now the judge, and no longer the judicial police, will evaluate which interviews are relevant for the investigation or not. It will also be up to him to ensure that there are no expressions in the minutes that damage the reputation of individual persons or personal data ("unless they are interceptions relevant for the purposes of the investigations"). As it was before the 2017 reform, minutes and registrations will be sent immediately to the prosecutor, who will file them within 5 days. The defenders will be able to review the proceedings and listen to the tapes. USE OF THE TROJAN It will be possible to use the trojan not only for crimes against the public administration committed by public officials, but also by those in charge of public service and punished with imprisonment over 5 years. And the interceptions may also take place in places of private residence (as already provided by Spazza-corrupt for public officials), "subject to the reasons justifying their use". USE IN OTHER PROCEDURES The interception results can be used in procedures other than those in which they were arranged, only if they are "indispensable" and "relevant" for ascertaining the offenses for which arrest is expected in the act and those of particular gravity indicated strictly by article 266 of the criminal procedure code. The requirement of indispensability is also necessary for interceptions made with the trojan. However, this is a broader provision of the sentence of the united sections of the Cassation which admitted the use of the results of the interviews intercepted with the computer collector, only if it is a crime connected to the one for which it is proceeding.