The SCC stalls on reporting obligations of judicial offices
Decision postponed. Amendments tabled to make the constraints on updating more flexible in particular
Key points
In search of a new balance, the SJC postpones until next week its decision on the guidelines for the communication of judicial offices. Yesterday's plenum took note of a number of new proposals that, although they do not significantly affect the text approved in committee, nevertheless suggested further reflection.
The Area Proposal
The proposal to replace the resolution, for example, presented by the Area councillors (but on which there is agreement with Attorney General Pietro Gaeta), dwells, among other things, on what constitutes one of the major new points compared to the now outdated implementation of the directive on the presumption of innocence, approved in the final part of the last legislature: the need to update the communication in the course of proceedings.
Revised update
The Area amendment clarifies that the judicial office, when it has issued a notice concerning preliminary investigations, precautionary measures or other acts with a strong reputational impact, "shall - at the request of the person concerned and until the formal conclusion of the preliminary investigations - adopt subsequent update releases in the presence of archiviazioni, revocations, annulments, acquittals or other developments of significantly different sign, according to criteria of timeliness, visibility and strict symmetry of information with respect to the initial communication'.
Lightened Pm
After the close of the preliminary investigation, subsequent update notices are issued, at the request of the person concerned, by the court that issued them. The latter is a crucial step, since it would release the public prosecutor from the obligation to personally follow all proceedings even with reference to measures of which he would have little or no awareness over time. The duty of the office to act in any case even in the absence of a request by the person concerned would then disappear.
And simplification on this point is also written in the correction proposal prepared by Unicost, together with Md and the independent Roberto Fontana.
