The crime of abuse of office is abolished, the transcription of wiretaps is tightened, and the appeal of the prosecutor once morest acquittals is stopped. With 199 yes votes and 102 no votes, the first measure on Justice by Minister Carlo Nordio, approved by the Council of Ministers over a year ago, becomes law in the Chamber.
ABUSE OF OFFICE – The new law removes from the penal code the crime of abuse of office, provided for by article 323 in response to what the government calls the “fear of signature” of mayors. An intervention then limited with the latest decree, the one on prisons, which introduces the crime of embezzlement by distraction. The reform also intervenes on the crime of influence peddling, introduced by the Severino law and modified by the Spazza-corrupti: the bill limits the criminal sanction to “particularly serious conduct” and the hypothesis of “boasting” is eliminated, while the minimum sentence is raised from one year and six months to four years and six months. An abolition that Minister Nordio commented on by underlining how it is “the abolition of a crime that had no meaning that paralyzed public administrators that does not constitute a favor to criminal organizations in the slightest, even worse to talk regarding a spy crime that is a blasphemy from a legal point of view because a crime is either a crime or it is not”.
TRANSCRIPTIONS – It intervenes once more on wiretaps to protect third parties not under investigation, with the prohibition of publication, even partial, of the content of wiretaps unless it is reproduced by the judge in the motivation of a provision or used during the trial; the prosecutor will have to avoid reporting data “relating to subjects other than the parties” except in cases where they are considered relevant to the investigation, and the magistrate’s obligation to supervise drafts is also extended.
COMMUNICATIONS WITH THE LEGAL ADVISER – With an amendment during the Senate process, a bill by Forza Italia Senator Pierantonio Zanettin was incorporated into the text, which prohibits the acquisition of any form of communication, even other than correspondence, between the accused and his lawyer, unless the judicial authority has reasonable grounds to believe that it constitutes the corpus delicti.
PRECAUTIONARY MEASURES – The provision introduces two “guarantee” measures with the preventive questioning of the person subjected to preliminary investigations and the collegial decision for custody in prison. Not only that. Before a possible application of precautionary measures, a panel of three judges will have to meet because it will no longer be a single magistrate who decides. Obviously, magistrates will be exempted from having to carry out the preventive questioning if there is evident danger of escape or tampering with evidence by the suspect. And it will not be necessary to carry out such questioning if the crimes are serious, committed with the use of weapons or other means of personal violence.
FINAL ACQUITS – The reform implements a Berlusconi flag, limiting the power of appeal of the public prosecutor. An intervention that takes into account what was established by the Constitutional Court: the power of appeal on acquittals is limited to the most serious crimes, including all those once morest the person that cause particular social alarm and the so-called red code crimes on gender violence.
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2024-07-13 00:36:47