anti-mafia decree as far as wiretapping is concerned, it is “unconstitutional” and destroys “guarantees” of protection. There is a lot of nervousness among Forza Italia parliamentarians, who were angry this week that they had to withdraw amendments to Legislative Decree No. 105. On August 10 last year, which was what the prosecutors really wanted, starting with anti-mafia leader Giovanni Melillowhich made it easier to wiretap.
The amendments were considered by Palazzo Chigi to be “not in accordance with the will of the executive.”. Supporters of Forza Italia would like to limit the new provisions regarding wiretapping. The ruling essentially provides for “sufficient evidence” to authorize wiretapping instead of the original “substantial evidence” formula. Moreover, this rule applies to proceedings already in progress.
In particular, the new regime affects organized activities of illegal waste trafficking, kidnapping for the purpose of extortion, crimes committed for terrorist purposes or using typical mafia conditions. provided for in article 416bis of the Criminal Code or in order to facilitate the activities of mafia associations. In fact, wiretapping can be carried out in relation to “ordinary” crimes. since they were committed by the mafia method, the boundaries of which have recently been expanded more than ever by judicial practice.
This provision further expands the possibilities of using the Trojan.a spy virus that turns your phone into an always-on microphone that can be used for mafia and terrorism crimes, as well as crimes against government. The Trojan has also been the subject of in-depth research in recent weeks by the Senate Justice Committee. for extreme intrusion into the private sphere of people, even those not directly involved in the investigations.
Tommaso Calderone, head of the Forza Italia group in the Chamber’s Justice Commission, together with the vice-president of the same Pietro Pittalis, asked for a meeting on this matter with the Minister Carlo Nordio – will take place early next week – to understand where the government is heading in terms of justice.
The split between the guaranteeism of the Azzurri and the justicialist onslaught of the FdI and Lega is more obvious than ever.. The Trojan, as also mentioned by Enrico Costa (Action), should return to being used only for serious crimes related to the mafia and terrorism, and not specifically for crimes against public administration, as the then Minister of Justice Alfonso Bonafede wanted.
“Unfortunately, the suspicions are confirmed: Georgia Meloni does not want to go against the justices of the peace and is afraid of coming under fire from the prosecutor’s office newspapers.“, says the Forza Italia parliamentarian with his microphones turned off, highlighting the contradictions of Nordio, which has always hoped for tough measures on the issue of wiretapping.
“The new rules were supposed to expand the list of cases that fall into the “double link” and for which the massive use of wiretapping is allowed, including through a computer interceptor, if there is (only) sufficient evidence that a crime has been committed. crime,” they made it known lawyers of the Union of Criminal Chambers. “The government,” they added, “has undermined the set of restrictions on the compression of the right to secrecy and privacy of communications by providing, by statutory provisions, some stringency and a brake on the use of wiretapping in proceedings other than those in which they were prepared.” That’s why “realizing the wishes of some prosecutors who are now accustomed to building evidence in support of criminal proceedings almost exclusively on wiretapping“
In short, for criminal defense lawyers.”The Dicastery, headed by Nordio, now systematically supplements the acceptable guarantee statements of the Minister with plans, actions and proposals that go in a different direction.. Criminal defense lawyers will be able to identify the most appropriate means of protest and encourage all institutional actors to honor their commitments.”
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