Final green light to Nordio bill which abolishes the crime of abuse of office and modifies the regulations regarding wiretapping. In fact, it is law. The chamber of the Chamber – with 199 yes, 102 no – approved the text in the version received from the Senate with some corrections compared to the Government bill. Amendments are introduced to the penal code, the criminal procedure code, the judicial system and the military system code. In the provision, among other innovations, in addition to theabrogation of abuse of office (with decidedly vast political and legal controversies), are also expected limits on the publication of interceptions by journalists, the increase in minimum sentences for influence trafficking andimpossibility for prosecutors to appeal acquittals for "moderately serious" crimes. Also present in the text is the obligation to include in the warranty information a "summary description of the fact“, currently not foreseen.
The bill, signed by Minister of Justice Carlo Nordio, consists of 9 articles. Let's see them.
Nordio bill, away with abuse of office
The provision repeals the crime of abuse of office, provided for by article 323 of the penal code. Abuse of office is the crime committed by public officials during the performance of their duties when they abuse their power to obtain a personal advantage, for example economic, or to unfairly harm another person. At the same time, however, within the prison-emptying decree it was introduced the crime of "embezzlement by distraction", that theAnm considers it “the tangible sign of an unfortunate choice”. The new crime provides that "the public official or the person in charge of a public service who, having by reason of his office or service the possession or in any case the availability of money or other movable property of others, allocates them to a use other than that provided for by specific provisions of law or by acts having the force of law from which there is no residual margin of discretion and intentionally procures for himself or others an unfair financial advantage or unfair damage to others, is punished with imprisonment from six months to three years ”.
Influence trafficking, minimum sentence increases
The bill also modifies article 346-bis of the penal code, which regulates the crime of trafficking in illicit influence. The trafficking of influence is therefore limited to particularly serious conduct, of which increases the minimum sentence, which goes from a year to one year and six months: the mediator's relationships with the public official must be used and not boasted, while the utility given or promised as an alternative to money is only economic.
Nordio bill, new crackdown on wiretapping
The bill strengthens the protection of freedom and privacy secrecy of the defender's communications, extending the prohibition on acquisition by the judicial authority to any other form of communication, other than correspondence, between the accused and his lawyer, unless the judicial authority has reasonable grounds to believe that it is the body of the crime by introducing, at the same time, the obligation for the judicial authority or for the delegated auxiliary bodies to immediately interrupt interception operations, when it appears that the conversation or communication is among those prohibited.
The bill also brings some changes to the regulation of interception in order to strengthen the protection of third parties unrelated to the proceedings with respect to the circulation of intercepted communications. In particular, the ban on publication, even partial, of the content of the wiretaps is introduced in all cases in which the latter is not reproduced by the judge in the justification of a provision or used during the hearing; Furthermore, the release of copies of wiretaps whose publication is prohibited when the request is presented by a person other than the parties and their lawyers is also excluded. Therefore: journalists will be able to publish only those interceptions whose content is "reproduced by the judge in the justification of a provision or used during the hearing". Furthermore, prosecutors will have to remove references to third parties unrelated to the investigations from the draft documents and their provisions.
Nordio bill, news on precautionary measures
He intervenes in matters of precautionary measures, providing for the institution of preventive interrogation of the person subjected to preliminary investigations with respect to the possible application of the precautionary measure and introducing the collegial decision for the adoption of the order implementing custody in prison during the preliminary investigations. This means it will be a panel of three judges, no longer a single magistrate, to decide, during investigations, theapplication of pre-trial detention in prison. And before expressing their opinion they will have to question the suspect, except if there is a risk of escape, of tampering with evidence or if the crimes involved are serious crimes committed with the use of weapons or other means of personal violence.
Nordio bill, appeals against pm sentences
Excludes the prosecutor's power to appeal against acquittal sentences for the crimes referred to in article 550, paragraphs 1 and 2, code of criminal procedure. Translated, it will disappear for acquittal sentences involving “moderately serious” crimes the possibility of appealing the accusation. A path already attempted in the past with the Pecorella reform rejected by the Constitutional Court. Conversely, acquittals for the most serious crimes may be challenged by the prosecutor, including those of the Red Code.
Nordio bill, intra-district tables
Makes changes to the judicial system (RD no. 12 of 1941) regarding sub-district tables and regarding criteria for the assignment of criminal matters to the judge for preliminary investigations following the introduction of the collegial composition of the judge for preliminary investigations.
Increase in robes
Increase the organic role of the judiciary, to be allocated to first degree judicial functions.
Age limits for lay judges
It bears a standard of authentic interpretation aimed at clarifying that the age requirement of no more than 65 years for lay judges must refer exclusively to the moment in which the judge is called to serve on the panel. Means thus avoiding the risk of nullity for processes already started and the legal short circuit capable of canceling convictions already issued for serious crimes.
Military order code
Intervenes on the impact of judicial measures in procedures foradvancement to the highest rank of the military.
