Informazione e processo penale, tra dovere di cronaca e (in)giusto processo

Our Danilo Cilia moderated the conference β€˜πΌπ‘›π‘“π‘œπ‘Ÿπ‘šπ‘Žπ‘§π‘–π‘œπ‘›π‘’ 𝑒 π‘π‘Ÿπ‘œπ‘π‘’π‘ π‘ π‘œ π‘π‘’π‘›π‘Žπ‘™π‘’, π‘‘π‘Ÿπ‘Ž π‘‘π‘œπ‘£π‘’π‘Ÿπ‘’ 𝑑𝑖 π‘π‘Ÿπ‘œπ‘›π‘Žπ‘π‘Ž 𝑒 (𝑖𝑛)π‘”π‘–π‘’π‘ π‘‘π‘œ π‘π‘Ÿπ‘œπ‘π‘’π‘ π‘ π‘œβ€™, held on 14 May 2024.

The following is a brief report:

πŸ‘‰ the Costa amendment, on the prohibition of the publication in full or in excerpts of the text of remand orders, is not a gag law, but only an unnecessary law. The publication of O.C.C.’s should not be banned but regulated, to counter the phenomenon of the black market in news, and to allow public scrutiny (first and foremost) of the work of magistrates. The protection of the presumption of innocence passes not by censorship, but by a new culture – which no longer sees in the suspect someone who β€˜got away with it’ – and by the examples of moderation and self-restraint of many magistrates (Roberto Crepaldi);

πŸ‘‰ the tools for ascertaining and sanctioning possible responsibilities of journalists are all in their deontological order (Caterina Malavenda);

πŸ‘‰ the subject of the relationship between information and the criminal trial is still permeated by great hypocrisy, that of those who refuse to see how information responds to the public interest of the community, even before the private interest of journalists (Luigi Ferrarella)

πŸ‘‰ on the other hand, judicial information often becomes media justicialism, which, riding the wave of crime news, runs the risk of evolving into constitutional victimisation, the subject of the recent proposal to reform Article 111 of the Constitution. A type of β€˜information’ that responds not to the public interest, but to the belly of the people (Guido Stampanoni Bassi).

Comparisons, and even clashes, animated a conference that was truly rich in cultural insights.

Thanks to Enrico Giarda and the entire Milan Bar Association for the excellent organisation and exquisite welcome, and to the speakers Roberto Crepaldi, Caterina Malavenda, Luigi Ferrarella and Guido Stampanoni Bassi for their valuable contributions.