A breath from the deadline (of February 29) the law on wiretapping becomes law . The green light comes to the House with 246 yes and 169 votes against . On Tuesday, the government had asked for and collected the trust (304 votes in favor, 226 against and one abstention). The opposition is very critical, ready for obstructionism. Then, the 'truce' reached in exchange for the rapid approval of the decree on the coronavirus, thanks to the compromise on time suggested by the President of the Chamber Roberto Fico.
The most hostile is Forza Italia, which speaks of a liberticidal measure. In the viewfinder, especially the rules on the use of the Trojan, the computer collector that is inserted into mobile phones and other mobile devices. Among the changes introduced to the text launched by the Council of Ministers in December, there is the postponement of another two months of the entry into force of the reform. It will therefore be operational from May 1st.
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 which 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 foreseen by Spazza-corrupt for public officials), "after indicating the reasons that justify their use".
- USE IN OTHER PROCEDURES : the results of the wiretaps 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.
