(from Computer Point 8 / 02/2008, LINK )
Rome - often open gashes sull'inabilità of the legislature to keep up with society and sometimes it happens that this failure is entirely on the public glare. It happens today with the fee for copying hard drives subject to seizure, a charge that now is the proof, in some cases can by itself remove the right of defense in a criminal case.
Yesterday morning, the lawyer defending the accused in an investigation that led to the seizure of the computer of his client went to a compartment of the Postal Police to obtain a certified copy of the hard disk contained in that computer. It is a fundamental right Defense: In order to verify the integrity of the data, retrieve information relevant to their work, analyzing the bases on which some claim may emerge during the procedure. This is a key element of that is to establish a defensive strategy, which is relevant in any context, especially if of a criminal nature. But that copy is so important for the accused has not been done. The reason? It cost tens of thousands of euro.
Already, the certified copy of the hard disk for the exercise of the right to defense is not furnished office. It is produced only on request and at very high price. For the record, if you want to get a copy of the disco da 120 gigabyte , come accaduto ieri, occorre sganciare circa 40mila euro . I pagherò non sono accettati, ci vogliono mazzi di marche da bollo. Ciascun CD-R su cui i dati vengono riprodotti costa all'imputato esattamente 258 euro virgola 23. Fatta qualche moltiplicazione per il conteggio preventivo dei diritti, gli euro sono calcolati, il diritto è negato.
A procurare questa lesione non è una calcolatrice truccata: lo stabilisce nientemeno che il Testo Unico sulle spese di Giustizia ( LINK ) nei cui meandri si cancella il diritto alla difesa. Come si può facilmente verificare, se la certified reproduction costs less than 5 € for a 90-minute tape, in case of a digital copy for each compact disc "(as assessed in 640 megs if we're talking about), the fee is € 258-odd.
Article 269 does not mention payment terms, or loans for those who need to buy a mountain of stamps: so coldly operation requires quantum to be paid for the copy. It should be paid immediately, money in hand. This means that the defense of the national average income that remains is rather appealing to the magistrate at a later time, request the submission of a report on behalf of the court, but the court has no obligation to accept such a request, nor it is said that the expertise is what defense accord with the same procedural issues, organizational or operational, which may have nothing to do with guilt or otherwise of the accused but which may affect the defensive strategies. This means that we can expect that in court the only skill that will be heard will be that made by the prosecution.
Not only that, as mentioned, is very easy to think that hard drives can also contain material needed for the group work of the subject, not to mention all the personal contents of those where the defendant may not have copies contained perhaps completely unrelated to the proceedings which gave rise il sequestro ma ugualmente resi indisponibili. Sì, è vero, il materiale successivamente viene riconsegnato all'accusato. Ma quando? In genere passano circa 7 anni dal momento del sequestro. E il lavoro di quella persona? I suoi affetti? Tutto passa in secondo piano, nulla di quell'hard disk può essere rilasciato senza il pagamento di una somma stratosferica.
È naturalmente impervio volersi arrampicare su una tesi colpevolista, è difficile credere che chi ha consentito che una norma del genere venisse approvata abbia di proposito voluto cancellare i diritti essenziali dei cittadini, o almeno di quelli meno opulenti. Il che ci lascia con una sola possibilità, ovvero che chi lo ha fatto, the Legislature, once again acted unconsciousness of what and how they work today and what technologies are central to all our lives.
Who This rate has done since it lacks jurisdiction to decide. And yesterday, the report was written that the defense give up a copy. " are tripping prepared against citizens by Legislator willfully ignorant, and readers of this magazine know better than anyone else. Yet it does not always this way. When Point Computer pulled out in recent months the case of "tax on the blog, someone will remember, three days after the text had already been modified. It was not a case: all the media have drawn from that article on the front page to bring the measure, the public was made aware of the names and faces of politicians. And then only the promise of a course correction could "save" the situation, a correction is not too difficult especially as the measure was still in progress. But now? But in a case like this? Who will take responsibility for a mistake so gross in the Consolidated, a mistake that harms a citizen right now but who knows how many others have already damaged? Who will take the political responsibility to an ever so glaring incompetence?
's not all, alas. The other problem with which Italians have to face is that many of these laws were inoculated within schifezzuole laws are difficult to read, scattered rain in all laws that might deal with, apparently, unless technology and its consequences. Just as in the Consolidation Act. This makes difficult any reform without a painstaking job of detecting flaws. Not surprisingly, we are in the midst of the digital revolution, the Internet is used by the masses of Italians for many years, and in that time the unbearable lightness of the legislator was clearly evident with majorities and coalitions of all colors, repeating seamless of constant, with alarming frequency the inability to cope with the changing world and the needs of Italians who want to ride the change triggered by the information society.
The solution? Resort to the hard disk of a time. After all 4 gig would cost just over € 1600.
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