The Council of Ministers has given the green light to the rule on the presumption of innocence, establishing a ban on newspapers publishing the precautionary custody orders in their entirety, allowing only the broadcast of the contents. There are no sanctions for those who do not respect the ban.
Article Key Points
A new approach to the publication of court documents
The legislative decree finally approved aims to strengthen the conformity of the national legal system to the European directive on the presumption of innocence. Article 2 of the law modifies Article 114 of the Code of Criminal Procedure, establishing the ban on the publication of orders until the conclusion of the preliminary investigations or the end of the preliminary hearing. An initiative supported by the Hon. Enrico Costa, which also sees significant support from Minister Nordio and Prime Minister Giorgia Meloni.
Ban extended without penalties
The measure, initially approved on September 4, was submitted to the Justice Committees of the Chamber of Deputies and the Senate, whose observations were partially accepted, leading to an extension of the publication ban without, however, introducing new sanctions. Real precautionary measures, such as seizures, remain excluded, while the restriction on measures that affect personal freedom is strengthened.
The Commissions' proposals and the line adopted
The Parliamentary Commissions proposed extending the ban to other similar measures issued during the precautionary procedure, without including prison sanctions for offenders. A rethinking of the sanctioning system was suggested to make the ban more effective, considering the current ineffectiveness of the sanctions provided for unauthorized publication. However, the orientation of the legislative offices prevailed, which excluded the inclusion of immediate sanctions in this decree, leaving the possibility of future considerations in other measures concerning justice.
This rule, although criticized by some as a “gag law,” at least allows journalists to summarize the provisions with a certain freedom, while maintaining the limitations on the texts of the ordinances.
Article published on 11 December 2024 - 10:28
I think the rule on the presumption of innocence is a step forward, but it is a bit strange that there are no sanctions. If newspapers do not respect the ban, what happens? The law must be clearer.