The Chamber confirms the government's confidence in the wiretapping decree law. 304 votes, 226 against, one abstention. The Shareholders' Meeting will pass the examination of the agendas on the text on Thursday, starting at 11 am. Also on Thursday, in the evening, the final and definitive vote on the provision is scheduled.
The reform will come into force on March 1, 2020 "to allow time for offices and professionals to adapt," said the Guardasigilli Alfonso Bonafede, who spoke of an "indispensable tool for investigations", a system in recent days. "modern and digital", with "greater guarantees to find a balance between the need for investigations, the protection of confidentiality and the right of defense".
There are several changes contained in the provision, which changes the provisions of the Orlando law at various points. Starting from the fact that the choice of the relevant wiretaps or not will no longer be only of the judicial police, but will fall within the decision-making sphere of the public prosecutor, with the appropriate computerized archive that will be managed under the direct supervision of the Public Prosecutor. "The public prosecutor - explained the undersecretary Andrea Giorgis - gives indications and ensures that the minutes do not include expressions that damage the reputation of the people or those that concern the personnel defined as sensitive by law, except in the case of interceptions relevant for the purposes of the investigations Furthermore, all conversations which, at the end of the interceptions, will be deemed irrelevant by the Public Prosecutor, will not enter the file and remain secret. Only the defenders will be able to listen to them and have a look at the minutes, but without having a copy, for the sole purpose of requesting that are, for defensive purposes, included among the relevant ones.
In case of dissent with the Public Prosecutor, the decision will be made by the judge. "The decree also strictly regulates the use of the electronic sensor, the so-called Trojan:" the Orlando reform - Giorgis explained - has equated the use discipline of the trojan in public places to that of environmental wiretapping ". In the new text on wiretapping, then, the journalist who publishes the wiretapping no longer risks being indicted for violation of professional secrecy and basically the rules in force remain today.
The provision also dictates clear indications with respect to the investigations still in progress, for which the rules currently in force apply: the new ones will apply to all registrations of crime reports subsequent to February 29, when the new legislation will come into force. "Now the measure will make its parliamentary process for the conversion - Bonafede concluded - but there were acts that we could not delay, because all the investigations underway in the various Italian prosecutors were at risk".
