The general inspectorate of the Ministry of Justice has activated monitoring of 13 Public Prosecutor’s Offices regarding their methods of communication on ongoing criminal proceedings: Avellino, Brescia, Cagliari, Ferrara, Catanzaro, Frosinone, Livorno, Rimini, Rovigo, Tempio Pausania, Vercelli, Latina, Turin. This was made known in the Chamber by the Undersecretary of Justice, Andrea Delmastro Delle Vedove, in response to a question from Action MP Enrico Costa.
Delmastro confirmed how the Government intends to “guarantee the presumption of innocence, avoid media spectacularisation, which has done so much harm to the very perception that citizens have of justice” and spoke of the “need to completely review the regulation of investigative acts with particular attention to wiretaps” recalling the “regulatory innovations” introduced, “aimed at strengthening the privacy of third parties”.
He then recalled how “the Public Prosecutor’s obligation to supervise the drafts is also expanded” and “the judge’s duty to exclude everything that concerns third parties” is established, prohibiting the disclosure of “their data”. “In the amendments – underlined the undersecretary – a ban was envisaged on the publication in full or in extract of the text of the precautionary custody order”. Although “the right of defense must however be balanced with the right to be informed”.
The term “‘Banda Bassotti'”, also mentioned by the questioner Enrico Costa as an example of the name of a proceeding that does not protect the principle of the presumption of innocence of the suspect, “I don’t think it falls within the right of reporting – noted Delmastro – but we slip into spectacularization.” Among the other measures taken by the government to avoid the disclosure of information that “could damage” those involved in the investigations, but not yet convicted with a final sentence, the undersecretary recalls the 2021 decree ‘for strengthening the right to defence’ according to which the Public Prosecutor “personally or through a person in charge maintains relations with the press only through press releases or press conferences”.
Magistrates are then prohibited, he stated, “from giving information outside of these means or giving names to proceedings that are detrimental to the presumption of innocence”. Also foreseeing disciplinary consequences in the event of a violation. The government “then issued directives regarding the carrying out, by the general inspectorate of the ministry, of “monitoring of the motivated actions of the Public Prosecutors regarding the existence of the public interest which justifies the authorization of press conferences and press releases of the bodies investigators”.
And, on the basis of “such directives, the general inspectorate, starting from the ordinary inspections carried out in the month of September 2023, has activated monitoring in relation to the Public Prosecutor’s Offices at the Courts of Avellino, Brescia, Cagliari, Catanzaro, Ferrara, Frosinone, Latina, Livorno, Rimini, Rovigo, Pauania, Turin and Vercelli”.
Finally, in relation to the monitoring concerning “the deplorable practice of assigning names to investigations and whether these names were compatible with the principle of presumption of innocence” the data, warned Delmastro, is not in the possession of the General Inspectorate “because no one has still activated a request in this sense”. However, the undersecretary assured that the ministry’s intention is to extend the monitoring already underway on press conferences and press releases by the prosecutor’s offices, “also to the naming of the proceedings”.
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