He spent months and months saying that listen In Italy there are too many of them and their use must be reduced. But the first provision on this subject is the Keeper of the Seals Charles Nordio will lead to the Council of Ministers will go in exactly the opposite direction: will lengthen the possibility for judges and criminal police to listen to the conversations of others. The paradox arose from the decision by Palazzo Chigi to intervene with an ad hoc decree to neutralize the risks Weakening of the fight against the Mafias inherent in a newer one Decision the cassation. In fact, the First Criminal Division of the Supreme Court declared in judgment 34895 of March 30, 2022 illegitimate The listen under the “broader” rule for “organized crimes” – “sufficient” rather than “serious” evidence to commit a crime and a duration of forty days instead of 15 – against an accused who was not directly accused of a Mafia connection (Article 416 ). -bis of the Criminal Code), but “only” from a Mafia increases crimeie committed to facilitate the organization or to take advantage of the conditions created thereby (Article 416-bis.1).
If it were to become consolidated case law, there would be a risk of distorting the directive skip processes in progress, in which the eavesdropping procedures were arranged according to the previously valid criterion. In this sense, the alarm (confidential) has reached the Undersecretary of State of the Council Presidency Alfredo Mantovanojudge, from his colleagues the District Anti-Mafia Directorates and also by the Public Prosecutor headed by Giovanni Melillo. And the manager was convinced to fix the problem. The intention was communicated by Mantovano al. anticipated Corriere della Sera and then confirmed by it Giorgia Meloni: In the Council of Ministers of July 17, the Prime Minister “underlined the importance of the implications of the judgment” which “could render the evidence obtained on the basis of the previous interpretation useless” and defined “necessary and urgent the adoption of a norm” that sterilizes its consequences, according to a press release from the Palazzo Chigi. “A homicide committed using mafia methods or in support of a criminal organization would not, according to the cassation, be an organized crime crime.” It’s obvious how well this decision lends itself to the production disruptive effects on ongoing trials for very serious crimes,” the words are attributed to Meloni.
However, the only one who did not claim the intervention was Nordio, that is, the minister in charge of the matter. And maybe that’s no coincidence. In fact, the action plan has changed in recent weeks. Initially, Chigi announced “in agreement with the Minister of Justice” that he wanted to intervene with a regulation authentic interpretationthat is, to use Mantovano’s words, “one Organized crime defined by lawas was done forty years ago to define the mafia association.” The solution chosen instead will be different and will in fact be considered extension the possibility of interception: In the “Omnibus” legislative decree, which will be examined by the Council of Ministers on Monday (the last one before the summer break), there will also be a provision which will expand the rules explicitly “special” to investigate a range of crimes, including kidnappings for extortion purposes, illegal garbage trafficking, cases of terrorism and, of course, those with mafia aggravating circumstances. In short, the Attorney General, the great scourge of phone reviews, has so far failed to bring the amount down. But on the other hand, he is preparing – against his will – to bring the second text to the CDM in less than a year, which prolongs them: the first was indeed the infamous “rave decree” of last October, with which he introduced a new type of offense punishable by a maximum of more than five years in prison. This therefore enables the use of interceptions. For Nordio, that is precisely “a barbarism that costs two hundred million every year”.