(Telestock) – The President of the Republic Sergio Mattarella has signed the Nordio bill. The bill contains eight articles, which propose a significant reform of the penal code, the code of criminal procedure and the judicial system. They range from the abolition of abuse of office to changes to influence peddling; from information of guarantee to wiretaps to the limitation of the possibility for the prosecutor to appeal against first-instance acquittal sentences.
ABOLITION OF ABUSE OF OFFICE – The provision of the penal code (art.323) that punishes the public official who, by knowingly violating laws, regulations or the obligation to abstain, causes damage to others or obtains a financial advantage, is abolished. In 2020, this article was amended to specify that the crime could not be configured in the presence of margins of administrative discretion in the adoption of a provision. Now this provision is completely cancelled. In the meantime, however, the government, with the prison decree, has reintroduced partial criminal coverage for financial abuses by public officials. And a sentence of 6 months to 3 years is provided for those who, provided that there is no margin of administrative discretion in the provision, damage third parties or gain an advantage by allocating sums in their possession to purposes other than those provided for by law. This is what before 1990 was called ’embezzlement by distraction’.
CHANGES TO INFLUENCE TRAFFIC – The scope of this crime is narrowed. Mediation is considered unlawful if it is aimed at having a public official commit a crime. The hypothesis of “bragging” is eliminated and the most serious conduct remains. In terms of sanctions, the minimum statutory sentence is increased: from 1 year and 6 months to 4 years and 6 months.
INTERCEPTIONS AND PROTECTION OF THE THIRD PARTY – Conversations and data relating to subjects not involved in the investigations must not be reported, unless they are considered relevant to the proceedings. And in the request for precautionary measures by the Public Prosecutor and in the judge’s order, the personal data of subjects other than the parties must not be indicated, unless this is considered essential for the presentation of the relevant elements. The judge must therefore remove wiretaps that contain data relating to subjects other than the parties, where they are not essential.
WARRANTY INFORMATION – The notice must contain only a summary description of the fact being investigated. The delivery of the document must take place in a way that guarantees the confidentiality of the recipient.
CONTRADICTORY AND PRECAUTIONARY MEASURES – The judge will have to proceed with the interrogation of the suspect before ordering the precautionary measure, after filing the documents, with the right of the defense to have a copy. The suspect will thus have the possibility of a preventive defense, before any measures such as precautionary detention in prison.
COLLEGIALITY AND PRECAUTIONARY MEASURES – Introduction of a collegial body, formed by 3 judges, for the adoption of the order of precautionary custody in prison which is currently always ordered by the single judge (to allow for the necessary hiring, the entry into force is postponed by two years). Collegiality is only foreseen during the investigation phase and is also extended to the rulings of aggravation of the precautionary measure and to the provisional application of detention security measures but not when the measure is adopted during the procedures for validating arrest or detention.
LIMITS TO THE APPEAL – Limitation of the possibility for the prosecutor to appeal against first-degree acquittal sentences. The measure does not concern the most serious crimes.
AGE OF PEOPLE’S JUDGES IN THE ASSIZE COURT – The maximum requirement is set at 65 years of age and must exist only at the time of appointment.