Justice

Abolition of abuse of office, Mattarella signs: the Nordio reform is law. How it works

The President of the Republic signed the bill named after the Minister of Justice

9 August 2024

Il presidente della Repubblica Sergio Mattarella con il Ministro della Giustizia Carlo Nordio. L’inquilino del Quirinale ha firmato il Ddl Nordio

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President of the Republic Sergio Mattarella signed the Nordio bill. The measure with a series of measures in the field of justice includes, among other things, the cancellation of the crime of abuse of office.

How the reform works

There are eight articles in the bill that bears the name of Guardasigilli Carlo Nordio and proposes a significant reform of the penal code, the code of criminal procedure and the judicial system. Here are the main points.

ABUSE OF OFFENCE: the provision in the Criminal Code (Art. 323) punishing a public official who knowingly violates laws, regulations or the obligation to abstain, causes damage to others or obtains a pecuniary advantage is abolished. In 2020, this article was amended by specifying that the offence could not be committed in the presence of margins of administrative discretion in the adoption of a measure. Now this provision is deleted altogether. In the meantime, however, the government, with the prison decree, has reintroduced partial criminal coverage for the pecuniary abuse of public officials. It provides for a penalty of six months to three years for anyone who, provided there is no margin of administrative discretion left in the measure, harms third parties or takes advantage by allocating sums in his possession for purposes other than those provided for by law. This is what was called 'embezzlement by misappropriation' before 1990.

MODIFICATIONS TO MEDIATION OF INFLUENCES: The scope of this offence is narrowed. Mediation is deemed unlawful if it is aimed at having a public official commit an offence. The hypothesis of 'bragging' is eliminated and the most serious conduct remains. In terms of sanctions, the minimum sentence is increased: from 1 year and 6 months to 4 years and 6 months.

INTERCEPTION AND PROTECTION OF THE THIRD PARTY: Conversations and data relative to subjects not involved in the investigations must not be reported, if not considered relevant to the proceedings. And in the prosecutor's request for precautionary measures and in the judge's order, the personal data of subjects other than the parties will not have to be indicated, unless this is considered indispensable for the exposition of the relevant elements. The judge will therefore have to exclude wiretaps containing data relating to subjects other than the parties, where not essential.

GUARANTEE INFORMATION: the notice shall contain only a summary description of the fact being investigated. The delivery of the document must be made in such a way as to guarantee the confidentiality of the addressee.

CONTRAINTS AND CAUTIONARY MEASURES: The judge will have to interrogate the suspect before ordering the precautionary measure, after filing the documents, with the right of the defence to have a copy of them. The suspect may thus have the possibility of a preventive defence, prior to any measures such as pre-trial detention in prison.

COLLEGIALITY AND CAUTIONARY MEASURES: Introduction of a collegial body, made up of three judges, for the adoption of the precautionary custody order in prison, which is currently always ordered by the monocratic judge (to allow for the necessary recruitment, the entry into force is postponed by two years). Collegiality is provided for only during the investigation phase and is also extended to the pronouncements of aggravation of the precautionary measure and the provisional application of custodial security measures, but not when the measure is adopted during the validation procedures of arrest or detention.

LIMITS TO APPEALS: Limitation on the possibility for the public prosecutor to appeal against first instance acquittals. The measure does not concern the most serious crimes.

AGE OF POPULAR JUDGES IN THE COURT OF ASSISTS: The maximum requirement is set at 65 years of age and must only exist at the time of appointment.