Lie flattened at the request of the prosecutor. Too much, according to Enrico Costa (Forza Italia) who, to get a complete picture of the preliminary investigation judge’s answers to the public prosecutor’s questions, questioned the Ministry of Justice. And the answer, in its own way, is eloquent. Due to the numbers in hand, what emerged was a picture of almost total obedience, from wiretapping to preliminary investigationsgoing through the archives.
Number of interceptions
In more detail, referring to 2024, regarding applications for wiretapping order permits, the percentage of acceptance is 94%while the request for extension (now the subject of a reform that for the first time introduced a maximum duration of listening operations) was accepted by the investigating judge in 99% of cases and 100% when listening activities are required in the investigation fighting organized crime.
Regarding the overall number of interceptions, the reference is to the ministry’s judicial statistics which, as of 2024, cover almost 48,000 targets eavesdropping objects, including telephone interception (the most widely used, about 34,000), environmental, IT, and Trojans. The percentage of requests to extend the preliminary investigation was only slightly lower, receiving approval at 85%.
Archives
Also for 2024, amount archiving request proceedings listed in register 21, against identified persons, are therefore the same as 444,430while the archival decision letters given by the investigating judge were 385,633, equal to 87% request. In previous years the percentage reached 109% in 2022 and 102% in 2023, where the number of filing decisions exceeding requests was explained by submissions by prosecutors which were not always in the same calendar year in which the procedures were determined by the investigating judge.
Commenting on the data, Costa underlined how «the requirement for authorization of wiretapping by the investigating judge is very appropriate. Existence indicative of a serious crime and the interception must be essential to the continuation of the investigation. This means that there must be control so that news of a criminal act is not vague, there are no indications of a serious criminal act, and the investigation cannot continue without wiretapping, which according to law is only permitted in cases is indispensable. The investigation carried out by the investigating judge is in no way bureaucratic and must focus on these elements.”
