Italy, a country where freedom of all is in danger,
a serious tone, a blow to democracy...
a serious tone, a blow to democracy...
The Italians are bloggers gagged against the bill on interception of Justice Minister Angelino Alfano.
Italy- Ddl Room 1415-A
- Rules on wiretaps and telecommunication environment. Changing the rules to leave the court and acts of inquiry. Integration of the administrative liability of legal persons
A.C. 1415-A - Proposed amendments on which the Government has the confidence
Replace Article 1 with the following:
1. Article 36, paragraph 1 of the Code of Criminal Procedure, after the letter h) is added as follows: "h-a) if he has publicly made statements concerning the proceedings entrusted to him."
2nd Article 53, paragraph 2 of the Code of Criminal Procedure have made the following changes:
a) in the first period, after the words: "a), b), d), e)" shall be inserted the following: 'and h-bis), and if the judge in writing appears in the register of suspects for the crime provided for Article 379-bis of the Penal Code, in relation to the file given, heard in this case the head of jurisdiction under Article 11;
b) is added at the end, the following sentence: "The Attorney General shall act in the same way if the head of the office and the magistrate granted are investigated for the crime under Article 379-bis of the Penal Code, or have issued statements Public comments on the proceedings. "
3rd Article 103 of the Code of Criminal Procedure have made the following changes:
a) in paragraph 5 is added, in order, the following sentence: "The ban is also in the case of interception carried out on users other than that used to advocate or to other bodies in charge ';
b) after paragraph 5 shall be inserted the following:
"5A. Notwithstanding the possible criminal responsibility, constitute disciplinary offense annotation, information, even verbal, and utilization of conversations or communications referred to in paragraph 5.
4th Article 114, paragraph 2 of the Code of Criminal Procedure, is added at the end, the following sentence: "Such acts are always allowed for the publication summary.
5th Article 114 of the Criminal Procedure Code, after paragraph 2 shall be inserted the following:
2-bis. You may not publish, even partially, for the summary or content, documentation and legal instruments relating to conversations, including telephone, or flows of information communications or telecommunications or data concerning the telephone calls or electronic, although no longer covered by confidentiality until the conclusion of the preliminary investigation or until the end of preliminary.
2-b. You may not publish, even partially, for the summary or content, applications and orders issued in respect of protective measures. Of such acts is, however, allowed the publication in the content after the person subject to investigation or his lawyer have been aware of the court, except for parts that reproduce the documents and records referred to in paragraph 2-bis' .
6. After paragraph 6 of Article 114-bis of the Code of Criminal Procedure, shall be inserted the following:
'6-Ter. They are prohibited the publication and dissemination of the names and pictures of the judiciary in relation to criminal proceedings and processes them. The ban on images is not applicable to the hypothesis of Article 147, paragraph 1, of the rules for implementation, coordination and arrangements, as well as when, for the purpose of exercising the right of way, the representation of the event not can be separated from the magistrate. "
7th Article 114 of the Code of Criminal Procedure, paragraph 7 is replaced by the following:
"7th It is in any case may not publish or even partial summary, documentation of the acts and contents of conversations or flows of information communications or telematic of which has been ordered destroyed pursuant to Articles 269 and 271. It also prohibited the publication, even partial or summary, documentation of the acts and contents of conversations or communications flows telematics on the facts, circumstances and people outside the investigation, which has been prepared under the deletion of ' Article 268, paragraph 7-bis. "
8th Article 115 of the Code of Criminal Procedure, paragraph 2 is replaced by the following:
'2. Each entry in the register of suspects for acts constituting the crime of violation of the prohibition of publication committed by persons referred to in paragraph 1, the Prosecutor shall immediately inform the procedente body holds the power specification, that the next thirty days, if they are verified the seriousness of the fact and the existence of elements of responsibility, and after the alleged author of the act, provides for the suspension of service pending trial or from the occupation of up to three months. "
9th Article 266 of the Code of Criminal Procedure reads as follows:
'Art 266. - (Limit of eligibility). - 1. The interception of telephone conversations or communications, other forms of telecommunications, of visual images by shooting and the acquisition of the traffic records of conversations or communications shall be allowed in actions for the following offenses:
a) crimes are not culpable for what is the penalty of life imprisonment or the higher costs of up to five years determined in accordance with Article 4;
b) crimes against public administration for which is the punishment of imprisonment not less than five years determined in accordance with Article 4;
c) crimes concerning drugs or psychotropic substances;
d) crimes relating to weapons and explosive substances;
e) crimes of smuggling;
f) crimes of abuse, threat, wear, improper financial activity, insider dealing, market manipulation, harassment or disturbance of people with half of the phone;
g) crimes provided by Article 600-ter, the third paragraph of the penal code, even if relating to pornographic material referred to in Article 600-quater.1 of that code.
2nd In the same case referred to in paragraph 1 shall be permitted to intercept communications between present only if there is a justified reason to believe that in places where it is being prepared by carrying out the criminal activity. "
10th Article 267 of the Criminal Procedure Code have made the following changes:
a) paragraph 1 is replaced by the following:
1. The public prosecutor, with the written consent of the prosecutor or the prosecutor or the judge added specially delegated, requires the authorization to dispose of the operations provided for in Article 266 the court of the chief town of the district in which the court authority, which decides in college composition. The authorization is given by decree, and not contextually justified subsequently modified or replaced, when there are clear indications of guilt and the transactions provided for in Article 266 are absolutely essential for the continuation of the investigations and there are specific and compelling needs of the facts for which it is based on elements analytically and explicitly stated in the measure, not limited solely to the contents of intercepted telephone conversations in the same process and the result of an independent evaluation by the court;
b) after paragraph 1 shall be inserted the following:
'1.1. The public ministry, together with the request for authorization, the court shall forward the file containing all the instruments of investigation up to that time made;
c) 1-a is replaced by the following:
'1-bis. In the assessment of the obvious signs of guilt applies to Article 203.
1-b. In proceedings against persons unknown, for permission to dispose of the operations provided for in Article 266 is given at the request of the person offended, in relation to the users or to places in the availability of the same, for the sole purpose of identifying the offender.
1-c. In proceedings against persons unknown, it is permitted to acquire the traffic records of conversations or communications, for the sole purpose of identifying the persons present at the site of the crime or in the immediate vicinity of it;
d) paragraph 2 is replaced by the following:
'2. In cases of urgency, when there is a justified reason for believing that the delay be caused serious harm to the investigation, the prosecutor has the operations under Article 266 by decree, and not contextually justified subsequently modified or replaced, which must be communicated immediately and no later than the twenty-four hours a tribunal referred to in paragraph 1. The court, within forty-eight hours after the decision, decide on validation by decree, and not contextually justified subsequently amended or replaced. If the decree of the prosecutor is not validated within the prescribed period, the transactions provided for in Article 266 may not be continued and their results can not be used ';
e) paragraph 3 is replaced by the following:
'3. The decree of the prosecutor has the intercept indicates the method and duration of operations for a maximum period of thirty days, but not continuously. The prosecutor shall immediately notify the court of the suspension of operations and their recovery. At the request of the prosecutor, setting out the results, the duration of the operations may be extended by the court up to fifteen days, but not continuous. A further extension of the operations up to fifteen days, but not continuous, may be allowed if new evidence emerged, specifically named in the measure of extension together with the conditions referred to in paragraph 1 ';
f) after paragraph 3 shall be inserted the following:
"3-bis. When the interception is necessary for the conduct of investigations in respect of crimes referred to in Article 51, paragraphs 3-a and 3-c, the authorization to dispose of the operations provided for in Article 266 is given if there is sufficient evidence of crime. In the evaluation of sufficient evidence within the scope of Article 203. The duration of the operations may not exceed forty days, but can be extended by decree by the court reasoned for successive periods of twenty days, if conditions remain the same, within the period of maximum duration of the preliminary investigation. In cases of urgency, the extension orders directly to the prosecutor pursuant to paragraph 2. The interception of communications between these, referred to in paragraph 2 of Article 266, ordered in a proceeding concerning the crimes referred to in this paragraph is permitted even if there is reason to believe that in places where it is being prepared by carrying out the criminal activity.
3-b. In the decree referred to in paragraph 3, the prosecutor is an officer of police responsible for the effective performance of operations, where there shall personally;
g) in paragraph 4 is added at the end, the following sentence: "In the cases referred to in paragraph 3-bis, the Prosecutor and the judicial police officer may be help from police officers;
h) paragraph 5 is replaced by the following:
'5. In a register kept confidential in any prosecution of the Republic shall be recorded, according to a chronological order, the date and time of issuance and the date and time of filing at the Court or the secretary of the decrees that have, authorize, validate or extending the interception and, for each interception, the beginning and end of operations. "
11th Article 268 of the Code of Criminal Procedure have made the following changes:
a) paragraphs 1, 2 and 3 are replaced by the following:
1. The intercepted communications were recorded and operations shall be recorded. The minutes of the recording media and are held in private under Article 269.
2nd The minutes referred to in paragraph 1 shall contain an indication of the extremes of the decree which has ordered the interception, the description of methods of recording, annotation of the day and time of commencement and termination of interception, in the same verbal are also recorded chronologically, for each intercepted communication, the reference time of the communication and on listening to the transcript summary of the contents and the names of persons who have provided their registration.
3rd Registration operations are performed by means of the equipment installed in the centers of telephone interception set up at each district court of appeal. The operations are carried out by listening to the equipment installed at the competent Public Prosecutor of the Republic or, with the authorization of the prosecutor at the police court delegated to the investigation;
b) after paragraph 3 bis shall be inserted the following:
'3-B. For the General Prosecutors at the court of appeal and prosecutors of the Republic of local competent authorities are assigned the management, supervision, control and inspection, respectively, of the centers of the interception and listening to in paragraph 3;
c) paragraphs 4, 5 and 6 are replaced by the following:
'4. The minutes and records shall be immediately forwarded to the prosecutor. Within five days after the conclusion of operations, they are deposited in the secretariat together with the decrees which have provided, authorized, endorsed or extended interception and stay for the time fixed by the prosecution, not less than five days unless the court , at the request of the parties, taking into account their number, and the number and complexity of the interceptions, does not recognize a need for extension.
5th If the deposit can result in serious injury to the investigation, giving reasons for the court authorizes the prosecutor to delay no later than the date of issuance of the conclusion of the preliminary investigation.
6. For the defenders of the parties shall immediately be given notice within the period referred to in paragraphs 4 and 5, have the right to inspect the records and decrees which have provided, authorized, endorsed or extended to intercept and listen to the recordings or check the video or knowledge of the patterns of communications or telecommunications. It is prohibited to issue copies of the records, media and decrees;
d) after paragraph 6 shall be inserted the following:
"6-bis. You may not have the deletion of records and minutes of the first filing required by paragraph 4.
6-b. Once the deadline has expired, the public prosecutor immediately transmits the decrees, records and tapes to the court, which fixed the date for the hearing in closed session for the acquisition of conversations or the flow of information communications and telematics provided by the parties, that does not appear manifestly irrelevant, even taking office at the deletion of records and minutes of which are prohibited for use. The court decides in closed session in accordance with Article 127 ';
e) paragraphs 7 and 8 are replaced by the following:
"7th The court, if deemed necessary for the decision to be taken, has the full transcript of recordings acquired or printing intelligible form of the information contained in the flow of information communications or telematic acquired, viewing the forms, modes, and the guarantees provided for the completion of evaluations. Transcripts or prints are included in the dossier for the hearing.
7-bis. It is not always the transcription of parts of conversations about the facts, circumstances and people unconnected to the investigation. The court in any event provides that the names or references identifying subject matter of the investigations are deleted from transcripts of conversations.
8th The defenders can take copies of transcripts and to perform the transposition of the records on computer. In the case of interception in the flow of information communications or telematic defenders may request a copy from a relevant form of intercepted flows, or a copy of the press as provided for in paragraph 7.
12th Article 269 of the Code of Criminal Procedure have made the following changes:
a) paragraph 1 is replaced by the following:
1. The minutes and the media containing the full records are kept in a confidential file kept by the office of the prosecutor has ordered the interception, prohibiting allegation, even if only partial, to the file ';
b) in paragraph 2, first sentence after the words "no longer subject to appeal" shall be inserted the following: 'and the same is prepared to destroy in the manner provided for in paragraph 3;
c) in paragraphs 2 and 3, the word 'judge' is replaced by the following: 'court'.
13th Article 270 of the Criminal Procedure Code, paragraph 1 is replaced by the following:
1. The results of the interception can not be used in proceedings other than those where the interceptions were prepared, except as may be necessary for the investigation of the crimes referred to in Articles 51, paragraphs 3-a and 3-c, and 407, subparagraph 2, letter a) and have not been declared useless in the process they have been arranged. "
14th Article 270-bis of the Code of Criminal Procedure reads as follows:
'Art 270-bis. - (Information from the Department of information for security and information services to security). - 1. When the operations provided for in Article 266 are placed on users that may belong to the Department for information security or information services for safety, the request is made, on pain of nullity, the Prosecutor shall inform the prosecutor General. The prosecutor has the immediate and secret custody in lieu of protected documents, media and the acts relating to operations carried out. When not proceed in person, the prosecutor is in the decree referred to in Article 267, paragraph 3, the judicial police officer in charge of operations. These activities are not delegable.
2nd The public prosecutor's office shall immediately forward and within five days from start of operations, the President of the Council of Ministers, a copy of documents, media and the acts referred to in paragraph 1, to determine whether some of the information contained in them is covered by state secrecy. The Prosecutor shall act in the same way, and at the same time, in relation to documents, media and documents acquired in the subsequent periods of execution of operations. The prosecutor is personally responsible for the execution of transactions, and custody of secret documents, supports and acts on them.
3rd Before the reply of the President of the Council of Ministers, the information sent to it may be used only if the dangers in letters a) and b) of Article 274 are of an exceptional or when action is needed to prevent or stop the Board of for a crime of which the penalty of imprisonment not less than four years. Remains strong discipline on the special case of justification provided for the activities of personnel services for information security.
4th If within thirty days after notification of the request, the President of the Council of Ministers did not oppose the secrecy, the court takes the news and provide for the further course of the proceedings.
5th Outside of the cases referred to in paragraph 1, the court, where they have acquired, through the operations provided for in Article 266, communications from the Department for information security or information services for security, shall immediately transmit documents, supports and acts on such communications to the Prosecutor, which shall in accordance with paragraphs 2 and 3.
6. The opposition of state secrets to the court prevents the use of stories covered by confidentiality. The documentation can not be extracted or no license issued copy.
7th It is not in any case precluded the judicial proceeding on the basis of autonomous and independent from the information covered by confidentiality.
8th When he raised conflict of attribution to the President of the Council of Ministers, where the conflict is resolved in the sense of dell'insussistenza state secret, the President can no longer opporlo with reference to the same object. If the conflict is resolved in the sense of the existence of state secrets, the court can not acquire or use, directly or indirectly, acts or documents that have been opposed to the secret state. In this case, the court shall forward the documentation referred to in paragraph 2 to the Department of information security.
9th In any case, the state secrets is against the Constitutional Court. The Court will take the necessary guarantees for the confidentiality of the proceedings. "
15th Article 271, paragraph 1 of the Code of Criminal Procedure, 'and 268 paragraphs 1 and 3' are replaced by the following: ", 268, paragraphs 1, 3, 5, 6 and 6-a, and 270-bis , paragraphs 2, 3 and 5.
16th Article 271 of the Criminal Procedure Code, after paragraph 1 shall be inserted the following:
'1-bis. The results of the interception can not be used if, in court or in the preliminary hearing, the fact is otherwise qualified and in relation to it there are no limits for eligibility under Article 266.
17th Article 292 of the Criminal Procedure Code, after paragraph 2-b, add the following:
2-c. Conditions in the interception of conversations, telephone, or telematics can be recalled only in the content and stored in a file attached to. "
18th Article 293 of the Code of Criminal Procedure, in paragraph 3 is added, in order, the following sentence: "In any case, the defenders can view the full content of interception, referred to in content to the application of measures'.
19th Article 329, paragraph 1 of the Code of Criminal Procedure, the words: "The acts of inquiry" is replaced by the following: "The acts and investigative activities."
20th Article 329 of the Code of Criminal Procedure, paragraph 2 is replaced by the following:
'2. When necessary for the continuation of the investigation, the prosecutor may ask the court to authorize the publication of individual documents or parts of them. In that case, the published documents are deposited with the secretariat of the public prosecutor. "
21. Part Two, Book V, Title I of the Code of Criminal Procedure, after Article 329 is added as follows:
'Art 329-bis. - (Duty of confidentiality for the interception). - 1. The minutes, records and media related to conversations, or flows of information communications or telematic kept confidential in accordance with Article 269, not acquired in the procedure, and the documentation relating to them, however, always be confidential.
2nd The documents contain information relating to telephone conversations or communications, computing or telematics, formed or acquired illegally, and documents prepared by the illegal collection of information, where not acquired in the procedure, always be confidential, the same documents, if the acquired procedure as the body of the crime, shall be confidential until the close of the preliminary investigation. "
22. Article 380, paragraph 2, letter m) of the Code of Criminal Procedure, after the words "or the letters a) b) c) d)" shall be inserted the following: "e), e - a).
23. Article 89 of the rules for implementation, coordination and transitional provisions of the Code of Criminal Procedure, referred to Legislative Decree 28 July 1989, n. 271, have made the following changes:
a) paragraph 1 is repealed;
b) in paragraph 2, the words: "The tapes containing the recordings' are replaced by the following:" The media containing the records and information flows, communications or telecommunications and the words "under Article 267, paragraph 5 ' shall include the following ', and the number resulting from the register of reports of crime in Article 335';
c) after paragraph 2 shall be added as follows:
2-bis. The Prosecutor shall appoint an official responsible for the interception service, the maintenance of confidentiality of records and archives interceptions in which confidential records are kept and the media.
2-b. In relation to information, documents, supports and acts relating to the transactions referred to in Article 270-bis, the provisions on the protection and safeguarding of classified documents and material that is covered by state secrecy.
24th Article 129 of the rules for implementation, coordination and transitional provisions of the Code of Criminal Procedure, referred to Legislative Decree 28 July 1989, n. 271, have made the following changes:
a) in paragraph 1, after the words "item" shall be inserted the following: ', with express reference to the articles of law that bear violated, and the date and place of the fact';
b) paragraph 2 is replaced by the following:
'2. When the prosecution is pursued against a cleric or a religious cult of the Catholic, the information is sent to the Church of paragraphs 2-b and 2-c;
c) after paragraph 2 shall be inserted the following:
2-bis. The prosecutor shall send the information even when individuals of the persons mentioned in paragraphs 1 and 2 has been arrested or apprehended, or when it was applied to him the measure of pre-trial detention, in cases where it is suspected a cleric or a religious Catholic worship shall, also, when the information was applied to it any other protective order personnel, and when sending the proceeds of guarantee provided for in Article 369 of the Code.
2-b. Where it is suspected or accused a diocesan bishop, territorial prelate, coadjutor, auxiliary, or proprietor emeritus, or an ordinary place treated as a diocesan bishop, the abbot of an abbey or territorial priest who, during the vacancy of the seat, place 's office of administrator of the diocese, the prosecutor sends the information to the Cardinal Secretary of State.
2-c. Where it is suspected or accused a priest or belonging to an institute of consecrated life or societies of apostolic life, the prosecutor sends the information to ordinary diocesan territorial division in which the seat of the competent Public Prosecutor of the Republic;
d) 3-a is repealed.
25th Article 147 of the rules for implementation, coordination and transitional provisions of the Code of Criminal Procedure, referred to Legislative Decree 28 July 1989, n. 271, have made the following changes:
a) paragraph 2 is repealed;
b) in paragraph 3, the words: "of paragraphs 1 and 2 'are replaced by the following:" paragraph 1 ".
26th To the penal code have made the following changes:
a) Article 379-a is replaced by the following:
'Art 379-bis. - (Revelation of the secret illegal question of criminal proceedings). - Anyone who reveals information regarding unfair acts or records of criminal proceedings be confidential, which has come to knowledge by reason of his office or service offered in criminal proceedings, or in any manner facilitates the knowledge, shall be punished by imprisonment from one to five years.
If the fact is committed with negligence, the penalty is imprisonment up to one year.
Whoever, after having made statements during the preliminary investigations, does not observe the ban imposed by the prosecution under Article 391-d of the Criminal Procedure Code shall be punished with imprisonment up to one year.
Penalties are increased if the fact of communications services from the Department of safety information or information services for security.
For the offenses referred to in this article it shall be determined pursuant to Article 11 of the Code of Criminal Procedure;
b) Article 614, first paragraph, the words, "the private dwelling 'shall be replaced by' private ';
c) Article 617 of the Penal Code, after the third paragraph is added as follows:
'Unless the act constitutes the most serious offense, whoever publishes interception in violation of Article 114, paragraph 7 of the Criminal Procedure Code shall be punished with imprisonment from six months to three years';
d) after Article 617-sexies, add the following:
'Art 617-f. - (Access to wrongful acts of the criminal proceedings). - Any mode or means of illegal activity takes direct knowledge of the acts of the criminal proceedings be confidential shall be punished with the penalty of imprisonment from one to three years';
e) Article 684, the words "with the fine from EUR 51 to EUR 258 'is replaced by the following:" or with a fine from EUR 1.000 to EUR 5.000. "
f) Article 684 shall be added, in order, the following paragraphs:
'The same penalty in the first paragraph shall apply to the violation of the prohibitions provided for in Article 114, paragraph 6-b, of the Code of Criminal Procedure.
If the fact that in the first paragraph concerning the interception of conversations or telephone calls or other forms of telecommunications, the visual images by shooting or the acquisition of traffic records of conversations or communications, the penalty is up to the arrest thirty days or fine of 2000 euros to 10,000 euros;
g) in Book III, Title I, Chapter I, Section III, paragraph 1, of the Penal Code, after Article 685 is added as follows:
'Art 685-bis. - (Omitted control for operations of interception). - Save the liability of the publication of cases and out of competition, the entities referred to in Articles 268, paragraph 3-b, of the Code of Criminal Procedure and 89, paragraph 2-bis of the rules for implementation, coordination and transition of the Code of Criminal Procedure, referred to Legislative Decree 28 July 1989, n. 271, that fails to exercise the control necessary to prevent the misappropriation of knowledge of the intercepted telephone conversations or communications, other forms of telecommunications, of visual images by shooting and documentation of traffic of the conversation or communication referred to in Article 266 paragraph 1 of the Code of Criminal Procedure, shall be punished with fine from EUR 500 to EUR 1032.
27th After Article 25 of Legislative Decree octies 8 June 2001, n. 231, is inserted as follows:
'Art 25-h. - (Responsibility for the offense under Article 684 of Criminal Code). - 1. In relation to the commission of a crime under Article 684 of the Penal Code, apply to the financial penalty from two hundred and fifty to three hundred shares. "
28th Article 8 of Law February 8 1948, No 47, as amended, have made the following changes:
a) after the third paragraph, add the following:
"In radio broadcasting or television, statements or corrections are made pursuant to Article 32 of the single radio, referred to Legislative Decree 31 July 2005, n. 177. Sites for information, statements or adjustments shall be published within forty-eight hours after application, with the same graphics, the same methodology for access to the site and the visibility of the news which it relates;
b) In the fourth paragraph, the words' must be published "shall be inserted the following: ', without comment,';
c) after the fourth paragraph, add the following:
"For the press not the author of the periodic written, or the persons referred to in Article 57-bis of the Penal Code, shall, on request of the person offended, publish, at its own expense and care about no more than two newspapers printing indicated by the same national, explanations or corrections of the persons whose images have been published or which have been attributed acts or thoughts or statements which they considered harmful to their reputation or contrary to truth, as long as the statements or the corrections have not contained significant penalty. The publication in adjustment shall be made within seven days of the request, with appropriate location and feature graphics and it should make clear reference to the writing that has given ';
d) in the fifth paragraph, the words "after the end of the second and third paragraphs are replaced by the following:" After the end of the second, third, fourth, with respect to information sites, and sixth paragraphs 'and the words "in violation of the provisions of the second, third and fourth paragraph shall be replaced by the following:" in violation of the provisions of the second, third, fourth, with respect to information sites, fifth and sixth paragraphs;
e) after the fifth paragraph, add the following:
"Same procedure may call the author of the offense, if the director of the newspaper or periodical, the head of radio, television or computer or telematic transmissions do not publish refutation or correction request.
29th In Title I, Chapter VI, of the rules for implementation, coordination and transitional provisions of the Code of Criminal Procedure, after Article 90 is added as follows:
'Art 90-bis. - (Cost of management and administration in regard to telephone tapping and environmental). - 1. By March 31 of each year, each prosecutor's office shall forward to the Minister of Justice a report on the costs of management and administration related to the interception of telephone and environment during the past year. For the purposes of control over the administration of which the Law of 14 January 1994, n. 20, the report shall be forwarded by the Minister of Justice to the Prosecutor General of the Court of Auditors.
30th By decree of the Minister of Justice, after hearing the High Council of Magistracy shall be agreed annually than the total budget expenditure for the service on the interception operations allocated to each district court of appeal. The Attorney General of the Court of Appeal shall be responsible for the breakdown of the budget between the individual prosecutor. The spending limit may be waived at the request of the Chief Prosecutor at the Prosecutor General for investigation substantiated occurring needs.
31. Implementation of paragraph 30 shall in respect of the resources provided to law and without new or increased burdens on the State budget.
32. Article 13 of Decree-Law of 13 May 1991, n. 152, converted with amendments by Law of 12 July 1991, n. 203, as amended, is repealed.
33. Code on the protection of personal data referred to in Legislative Decree 30 June 2003, n. 196, as amended, have made the following changes:
a) paragraph 5 of Article 139 is replaced by the following:
'5. In case of violation of the provisions contained in the code of ethics, or the provisions of Articles 11 and 137 of this Code, the Sponsor may prohibit the disposal or processing block in accordance with Article 143, paragraph 1, letter c ) ';
b) after paragraph 5 shall be inserted the following:
"5A. In the tasks laid down in Articles 143, paragraph 1, letters b) and c) and 154, paragraph 1, letters c) and d), the Guarantor may require, as a measure necessary to protect the person, publication or dissemination in one or more heads of the decision finding infringement, in whole or in part, or a summary statement of the same violation.
5-b. In the cases referred to in paragraph 5-a, the National Council and the competent advice of journalists in relation to disciplinary liability and, where considered, the associations representing publishers, may forward the documents and the request to be heard.
5-c. The publication or dissemination of paragraph 5-a is done in free time and manner prescribed by the decision, including with respect to the location, its features and even typographical mention of the possible stakeholders. For the conditions and charges relating to the publication or dissemination willing to test other than those through which it was committed the violation, it shall observe the provisions of Article 15 of Decree of President of the Republic 11 July 2003, n. 284;
c) Article 170, paragraph 1, after the words "26, 2, 90" shall be inserted the following: 139, 5-bis. "
34th The provisions of this Act shall not apply to proceedings pending at the date of its entry into force.
35th The provisions of paragraph 3 of Article 268 of the Criminal Procedure Code, as replaced by Article 1, paragraph 11 of this Act shall apply after three months from the date of publication in the Official Gazette the special Decree of the Minister of justice that provides for the entry into operation of the centers of telephone interception referred to in paragraph 3 of Article 268. Until that date shall continue to apply the provisions of paragraph 3 of Article 268 of the Criminal Procedure Code in force before the entry into force of this Act.
Consequently abolish Articles 2 to 23.
1. 1000. Government.
|Chi è Alfano?|
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|ALFANO Angelino |
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I giornali hanno il dovere di informare. I cittadini hanno il diritto di sapere. Firma l'appello di Repubblica. I giornali hanno il dovere di informare perché i cittadini hanno il diritto di conoscere e di sapere. ...
Utilize rap! Again! - http://utilizerapagain.blogspot.com/ - Riferimenti
|11 giu 2009 da Orazio Vasta |
FIRMA L'APPELLO DI REPUBBLICA.IT L'appello di Repubblica.it ha un titolo che pone due questioni di pura democrazia: "I giornali hanno il dovere di informare, i cittadini hanno il diritto di sapere". Qualcosa che, con l'entrata in vigore ...
a rarika - http://rarika-radice.blogspot.com/ - Riferimenti
|11 giu 2009 da Slasch16 |
I giornali hanno il dovere di informare I cittadini hanno il diritto di sapere Firma l'appello di Repubblica · http://www.repubblica.it/ Importantissimo ...
Di tutto di piu' - http://slasch16.splinder.com/ - Riferimenti
2 giu 2009 da Roberta Lerici
L'appello di Repubblica ha un titolo che pone due questioni di pura democrazia: "I giornali hanno il dovere di informare, i cittadini hanno il diritto di sapere". Qualcosa che, con l'entrata in vigore della legge, diventerà più difficile, a volte quasi impossibile. ... L'attore Leo Gullotta firma e aggiunge una considerazione: "E' l'ennesima prova che viviamo in un paese dove la libertà di tutti è in pericolo, un segnale gravissimo, uno schiaffo alla democrazia", ...
Il Blog di Roberta Lerici da Rignano Flaminio - - http://www.bambinicoraggiosi.com/
Italian Bloggers on Strike Today, July 14, 2009 « Miss Expatria - [ Traduci questa pagina ]
|10 ore fa da Miss Expatria |
Italian Bloggers on Strike Today, July 14, 2009. SCARICAILLOGOEPUBBLICALO. On July 14, 2009, Italian bloggers will muzzle themselves in the Web as well as in Piazza Navona in Rome, at 7PM where they will meet to protest against an ...
Miss Expatria - http://missexpatria.wordpress.com/ - Riferimenti
|11 ore fa da Sandra |
Blogs on strike today in Italy. I am posting this in support of all bloggers in Italy. It will be the first strike of bloggers ever. On July 14, 2009, Italian bloggers will muzzle themselves in the Web as well ...
A cappuccino a day - http://acappuccinoaday.blogspot.com/
|13 ore fa da Jessica |
Blogs on Strike Today. It will be the first strike of bloggers ever. On July 14, 2009, Italian bloggers will muzzle themselves in the Web as well as in Piazza Navona in Rome, at 7PM where they will meet to protest against ...
RomePhotoBlog - http://romephotoblog.blogspot.com/ - Riferimenti
|8 ore fa da Jennifer |
Tuesday, July 14, 2009. Italian Blogger Strike- July 14th, 2009. In support of my fellow Italian bloggers, I am also on strike today. For an explanation of the strike, you can visit http://dirittoallarete.ning.com/. Freedom of speech for everyone! Posted by Jennifer at 8:24 AM ...
La Mia Famiglia - http://carmeloorlando.blogspot.com/
|14 ore fa da nyc/caribbean ragazza |
Tuesday, July 14, 2009. Oggi sciopero! (Bloggers in Italy on strike today). Today Bloggers in Italy/Italian bloggers are protesting a law (the Alfano degree) currently making it's way through the Senate. I have no idea if this outrageous law has a chance of passing. For more info click on this site. The English version is half way down. Posted by nyc/caribbean ragazza at 8:43 AM. Labels: Italy, molto Italiano/only in Italy, politics ...
nyc/caribbean ragazza - http://sistergirltales.blogspot.com/
9 ore fa da erin :: the olive notes
14 July 2009 ... as we were about to move back to the States, and am in some ways surprised it's gotten this far...but in other ways not too surprised, as is such with the Italian government. The context of which I first caught word of the proposal was on the news over there speaking of one of the many times, famed Italian comic/activist/blogger, Beppe Grillo had gotten in deep for his uncensored outbursts, speeches, and blog posts against the corruption in government. ...
the olive notes... - http://www.theolivenotes.com/ - Riferimenti
da Francesco Bonazzi -Vr-