Telematic criminal process, offices forced to do-it-yourself

Judicial offices in short order on the new segment of the telematic criminal trial. As of today, in fact, the use of the digital channel should be the exclusive way for all the precautionary measures provided for in the fourth book of the Code of Procedure, going to complete the digitalisation of the entire first degree. And yet the criticalities that have emerged so far in the use of the technological infrastructure set up by the Ministry of Justice still distance a uniform application .

To take this into account, to a certain extent, is the same ministry that, with a decree, has ordered thepreservation of the traditional analogical channel until 30 June 2026 for acts, documents and requests relating to wiretapping and until 31 March 2026 for precautionary appeals. Too short a postponement and with a deficit of reasonableness on the front of precautionary measures (why only appeals?) the SCCM had observed in its opinion.

And now the heads of judicial offices are doing their own thing. In Naples, Attorney General Aldo Policastro suspended the use of Apps for six months, including, among other things, urgent registrations of crime reports, summary judgements, requests for precautionary measures, validations of arrests and seizures, re-examination procedures, wiretapping activities, and the production of documents by the public prosecutor.

The decision was countered yesterday by a note from the ministry, which, on the one hand, recalls that 'the use of the application App is not the result of a discretionary choice of the current administration, but the implementation of punctual regulatory obligations, introduced by the Cartobio reform and linked to binding milestones of the National Recovery and Resilience Plan. On this terrain, the ministry found itself boarding an already running train, launched at high speed, without the possibility of stopping its march'. On the other hand, Via Arenula underlines the organisational and technological adoption delays of the Naples public prosecutor's office.

Naples, however, had been preceded by Rome, where President Lorenzo Pontecorvo had already ordered exceptions to the constraints of digital use due to the criticalities encountered, from the absence in the application of the deed or procedural phase to the blockages orsevere slowdowns of the system's operation.