The electronic filing of criminal acts: first steps towards the electronic criminal trial

Thanks to the DGSIA provision of 9 November 2020, a generalized electronic filing of criminal proceedings documents is now possible (in compliance, however, with the technical specifications contained therein).

On 9 November 2020, together with the so-called "Ristori-bis Decree", the DGSIA provision was also issued, already provided for by the previous "Ristori Decree", no. 137 of 28 October 2020.
The "emergency" nature of the provision results from the issue of "technical specifications" shortly after the decree that provided for them, unlike what happened for the "technical specifications" of the electronic civil process.
Only following the epidemiological emergency and the repercussions on the judicial system is it now possible to make electronic filings in criminal proceedings.
In the provision issued by the DGSIA - at least until January 31, 2021 - a “mandatory” electronic filing solution and an “optional” electronic filing solution.
Art. 24, paragraph 1, of the Decree provides for the generalized obligation of electronic filing for the briefs, documents, requests and requests indicated in paragraph 3 of Article 415-bis of the Criminal Code
In paragraph 2 of the same article, an extension of the acts subject to this obligation is hypothesized by a decree by the Ministry of Justice.
Paragraph 4 of art. 24 also provides for a faculty, not an obligation, for "all deeds, documents and requests however denominated other than those indicated in paragraphs 1 and 2", with the above time limit, to file them electronically via PEC.
The deposits referred to in paragraphs 1 and 2, in fact, must be made through the portal of the telematic criminal process identified with the provision of the General Director of Information and Automated Systems of the Ministry (DGSIA) of 5 November 2020, which refers to the provision directorial n. 5477 of 11 May 2020 published on the online services portal of the Ministry of Justice on 12 May 2020.
These deposits can therefore be made to the PEC addresses of the recipient judicial offices and indicated "in a specific provision of the Director General of information and automated systems and published on the online services portal".
As for the technical specifications to be respected, the act of the procedure to be filed electronically must be in "native" PDF format. The file thus obtained must not be protected, preventing the "selection, copy and paste" of the text .
Furthermore, for the documents attached to this act, the following rules must be applied:

• The deeds and any documents must be signed with a digital signature device, with the option of choosing between the PAdES signature or the CaDES signature.
• The rule provides for the obligation of signing the deeds by even more than one subject, provided that at least one is the depositor.
• The recent regulatory intervention requires criminal lawyers to acquire a full mastery of telematic tools, both for the PEC and for digital signature devices and software.

However, the choice made by the DGSIA excludes the possibility of depositing audio, video, executable or binary files or proprietary formats (e.g. technical drawings), as well as the original of a file, although convertible into PDF format such as, for example, the encryption of an e-mail.
The hope is that the legislator will decide to fully implement a need that can no longer be postponed: that of structuring a real telematic criminal procedure.