Publication of custody orders prohibited, the Council of Ministers approves the Costa law

Justice: stop publication of precautionary orders, legislative decree in the Council of Ministers

The stop the publication of custody orders takes a further step. After the final approval by Parliament and the publication last February 24th in Official Journal of the European delegation law, which entrusted the government with a delegation for the implementation of European directives, the ‘Costa’ law (from the name of the exponent of Azione, signatory of the approved amendment, later renamed by the opposition ‘gag law’) was the subject of the “preliminary” examination of the Council of Ministers meeting yesterday. The ad hoc legislative decree, therefore, must now be examined by the competent parliamentary committees for their opinion, which, however, is not binding.

“In order to strengthen some aspects of the presumption of innocence of the person investigated or accused in the context of criminal proceedings, in accordance with the provisions of Articles 3 and 4 of EU Directive 2016/343 and in compliance with the principles set out in Articles 21, 24 and 27 of the Constitution, the provision modifies Article 114 of the Code of Criminal Procedure, providing for the prohibition of publication of the text of the precautionary custody order until the preliminary investigations are concluded or until the end of the preliminary hearing”, reads the statement released at the end of the Council of Ministers.

“The text – it is recalled in the press release – implements article 4 of the European delegation law 2022-2023 with which the government was delegated to adopt the provisions necessary to ensure full compliance with the European directive”. In essence the legislative decreewhich implements the delegation assigned to the government, implements the publication banin full or in extract, of the text of the provision ordering the precautionary detention until the preliminary investigations are concluded or until the end of the preliminary hearing.