The draft law on wiretapping was approved by the House on June 11 with 318 votes in favor, 224 against and 1 abstention. The examination was delayed in the Senate for the ballot and the referendum.
Tuesday, June 16 the President of the Commission Ecomafie, Gaetano Pecorella asked that the wiretapping law did not apply to investigations already under way on illegal activities of the cycle of waste (Ansa) .
The "gag law" catastrophic points:
serious indications of guilt - The PM may seek permission to intercept only in the presence of 'serious indications of guilt'. In investigations of terrorism and mafia enough 'sufficient evidence of crime'. The request must be authorized by a magistrate of the college district capital. But the judge will then make its own independent assessment of the case.
Via the magistrate who talks too much - The toga issuing "public statements" about the process that is custody has the obligation to abstain. It will be replaced if the register of suspects revelation of secrecy. His name can not be named.
Failure to control, stop up to one year - The bill provides for imprisonment for up to a year and a fine of from 500 to 1032 € for public officials and judges who fail to exercise "the control necessary to prevent undue knowledge or publication of interceptions.
Prohibition of publication - For media inquiries become 'Top secret'. Will no longer publish the proceedings of the preliminary investigation, not even the inclusion of someone under investigation, or how acquired on file in the prosecutor or the defender until the end of the preliminary hearing. Even if the documents are no longer a secret.
No names and pictures Pm - The bill provides for the stop the publication of names or images of judges "with respect to proceedings and criminal cases assigned to them ", except that the image is not essential to the freedom of the press.
Jail for journalists - Back to jail for journalists. With two amendments adopted at the eleventh hour is expected penalty of one to three years for those who, "with the will of intent", for which a interceptions public ordered the destruction of or relating to "conversations or flows of communication regarding the facts and circumstances or persons unrelated to the investigations which have been required after leaving. "also increased penalties for publishers, up to 370 thousand Euros for violating public law obligations.
Offences intercepted - On this point, the current law changes little. may be intercepted all crimes with sentences of over 5 years, including those against the Public Administration , insults, threats, wear, harassment, trafficking, drug trade and arms; insider trading, market manipulation, smuggling, pornography also spread on to minors.
eavesdropping - You can use the 'bugs' only places to spy where it is known that criminal activity is taking place. The only exception for the crimes of the Mafia, terrorism and the most serious.
Time Limits - No one can intercept more than 60 days: 30 plus 15 plus 15. For crimes of organized crime, terrorism or threat by means of the telephone you can reach 40 days and be extended by another 20.
proceedings against unknown - Interceptions can be requested only by the injured party and then only on its users. The opposition complains that it can no longer intercept in cases of sexual violence because the investigations requiring wiretapping exploratory 's identification of those responsible. However, documents can be obtained on the telephone traffic to see who was present at the crime scene.
Stock reserved and no file to attach verbal - Phone calls and related records will be kept in a filing with the Public Prosecutor. Prosecutors have the power to manage and control centers interception and listening.
Prohibition of use in different processes - Interceptions can not be used in proceedings other than those in which they were placed. Except in cases of mafia and terrorism.
Stop "One day in district court" - You can do more TV coverage in the classrooms court, unless all parties agree. (Republic)
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