WARNING: The consolidated text published here 'was drawn up by the Ministry of Justice pursuant to Art. 11, paragraph 1, of the consolidated text approved by Presidential Decree 28 December 1985, n. 1092, as well as' art. 10, paragraphs 2 and 3 of the consolidated text, with the sole purpose of facilitating the reading of both the provisions of the decree-law, integrated with the changes made by the conversion law, which of those modified or referred to in the decree, transcribed in the notes. Remain unchanged the value and effectiveness of the legislative acts listed here. Changes made by the conversion law are printed with italic characters. These changes are shown on the terminal between the signs ((...)) Under Article. 15, paragraph 5, of the law 23 August 1988, n. 400 (Discipline of the attivita 'of government and order of the Prime Minister's Office), the amendments made by the Conversion Law shall take effect from the day following that of its publication. Paragraph 2 of art. 1 of the law of conversion of this decree states: "remain valid acts and the measures adopted and are subject to the effects produced and the legal relationship established on the basis of Decree-Law of 31 May 1991, n. 163". The DL n. 163/1991, did not become law for effective constitutional terms (v. In press ((Official Gazette)) - General series - n. 178 of 31 July 1991) established rules on the magistrates office transfers to ensure coverage of offices judicial unsolicited. The law of conversion of this decree, in addition to converting the decree and to heal the effects of Decree n. 163/1991 (art. 1), also contains other provisions (Articles 2, 3, 4 and 5) the text and 'given in the appendix. Art. 1. Changes regarding the selection of the precautionary measures 1. In paragraph 3 of Article 275 of the Code of Criminal Procedure (a), already 'as amended by Article 5 of Decree-Law of 13 May 1991 n. 152, converted with amendments by Law 12 July 1991, n. 203, the words "or that they can be met with other measures" are deleted. 1-bis. ((Paragraph 4 of Article 275 of the Code)) ((Criminal Procedure (a) and 'replaced by the following:)) (( "4. Can not' be placed on remand in prison) ) ((unless there are exceptional precautionary requirements)) ((relevance, when charged, and 'a pregnant person or breastfeeding)) ((their offspring or who has crossed the age' of the seventies,)) ((ie a person who is in health conditions)) ((particularly serious that does not allow the necessary care in)) ((detention. ")) 1 ter. ((in paragraph 5 of Article 275 of the code) ) ((criminal procedure (a) and 'added at the end the following sentence:)) (( "the provisions of this paragraph shall not apply if)) ((is prosecuted for any of the offenses referred to in paragraph 3 . ")) 2. In paragraph 2 of Article 299 of the Code of Criminal Procedure (a) the word "When" and 'replaced by the following: "Except as provided by Article 275 paragraph 3, when." _______ (A) It transcribes the current text of Articles 275 and 299 of the Criminal Procedure Code: "Art. 275 (as amended by art. 5 of Decree 13 May 1991, n. 152, ratified with amendments by Law 12 July 1991, n. 203, and in this Article) (criteria for choosing measures). - 1. in taking the measures, the court shall take into account the specific suitability 'of each in relation to the nature and degree of the need for precautionary measures in the concrete case. 2. each measure must be proportionate to the size 'of the offense and the sanction that can be imposed. 3. the pre-trial detention can' be placed only when all other measures prove inadequate. where there are serious indications of guilt with regard to the crimes referred to in articles 285, 286, 416- and 422 bis of the penal code, to those, or attempted, under articles 575, 628, third paragraph, 629, second paragraph, and 630 of the same code to crimes committed under the conditions of the aforementioned article. 416- bis or in
facilitate the activities 'of the associations provided for in the said Article, to crimes committed for purposes' of terrorism or subversion of the constitutional order, for which the law prescribes a term of imprisonment of not less than a minimum of five years or a maximum of at ten years or to the crimes of illegal manufacture, introduction into the State, offering for sale, sale, possession and carrying in a public place or place open to the public of weapons of war or warlike or parts thereof, of explosives, illegal weapons as well as' the more 'common firearms excluding those provided by. 2, third paragraph, of the law 18 April 1975 n. 110, ie to the crimes referred to in Articles 73, limited to aggravated cases under Article. 80, paragraph 2, and 74 of the Consolidated Law on Discipline of narcotic drugs and psychotropic substances, prevention, treatment and rehabilitation of drug addiction, approved by Decree of the President of the Republic 9 October 1990, n. 309, and remand in prison 'applied, unless they are acquired circumstances showing that there is no precautionary needs. 4. Can not 'be placed on remand in prison, unless there are precautionary needs of exceptional importance, when charged, and' a pregnant person or suckling their offspring or who has crossed the age 'of the seventies, or a person which it is located in a particularly serious health conditions that do not allow the necessary treatment in detention. 5. Can not 'be placed on remand in prison, unless there are precautionary needs of exceptional importance, when charged, and' a person who has alcooldipendente addict or being a therapeutic recovery program as part of an authorized facility, and the 'interruption may' affect the accused's detoxification program. By the same measure, or thereafter, it shall specify the necessary checks to ensure that the addict or alcooldipendente continue the recovery program. The provisions of this paragraph shall not apply in the event that we proceed to one of the offenses referred to in paragraph 3 "." Art. 299 (as amended by art. 14 of Legislative Decree no. 14 January 1991, n. 12, and in this Article) (Revocation and replacement measures). - 1. The coercive and prohibitive measures are immediately eliminated when missing, even for supervening facts, the conditions of applicability 'provided for by art. 273, or by the provisions relating to individual measures or the precautionary requirements provided for by art. 274. 2. Subject to the provisions of art. 275 paragraph 3, when the precautionary needs are attenuated or the measure applied does not appear more 'proportionate to the size' of the fact or sanction that can be imposed, the judge replaced the measure with another less serious that it has the 'application mode' less burdensome. 3. The public prosecutor and the accused require the withdrawal or replacement of the measures to the judge, which provides an order within five days of filing the request. The judge also provides office when he takes on the interrogation of the person remanded in custody or when and 'requested the extension of the deadline for preliminary investigations, or taking of evidence gathering, or when proceeds preliminary hearing or trial. 3-bis. The judge, before providing in order the withdrawal or replacement of the coercive and prohibitive measures, the office or at the request of the accused, must feel the public prosecutor. If in the next two days the prosecutor does not express its opinion, the court proceeds. 4. Subject to the provisions of art. 276, when the need for precautionary aggravated, the judge, at the request of the prosecutor, replaces the measure applied by another more 'serious or change the application mode' more 'heavy. 4-bis. After the closure of the preliminary investigation, if the accused asks the revocation or replacement of the measure with other less severe or the application thereof with
mode 'less burdensome, the judge, if the request is not' presented at the hearing, nor by 'communication to the public prosecutor who, within two days and sets out its demands. 4-ter. In any stage of the proceedings, when not 'able to decide the state of the proceedings, the judge, even office and without formalities', investigations on the health conditions or other conditions or quality' personal accused. The investigations are carried out as 'soon and in any case within fifteen days of the date on which the request and' received the judge. During this period and 'suspended the time limit in paragraph 3. "_________ APPENDIX Regarding the warning: It transcribes the text of Articles 2, 3, 4 and 5 of the conversion law:" Art. 2. - 1. In Article 194, paragraph 1, the judicial system, approved by Royal Decree 30 January 1941, n. 12, as amended by Article 2 of the law 16 October 1991 n. 321, the following is deleted: 'or accepted'. Art. 3. - 1. Article 3 of the law 16 October 1991 n. 321, and 'replaced by the following:' Art. 3. - 1. The Supreme Judicial Council, after consulting the Minister of Justice, identifies annually the seats unsolicited among those left vacant for lack of aspirants after two successive publications arranged in accordance with Article 192 court approved order by Royal decree of 30 January 1941, n. 12. 2. By 31 January of each year, the High Council of Public judiciary a list of unsolicited locations indicated in paragraph 1 and which it considers to cover urgent. 3. The judges who are bound to question one of the locations on the list referred to in paragraph 2 shall have the right, on the expiry of the period specified in Article 194 of the quoted judiciary, as replaced by Article 2 of this Act, to be transferred or assigned in the required locations, excluding the contribution of the executive offices and senior functions than previously exercised, with precedence over any aspirant, and within the limits of available holidays. 4. The provision of paragraph 3 shall also apply 'to trainee judges who, assigned to locations on the list referred to in paragraph 2, will serve for at least four years'. Art. 4. - 1. Article 4 of the law 16 October 1991 n. 321, and 'replaced by the following:' Art. 4. - 1. After the publication of the seats not required, the Supreme Judicial Council decides on requests for TRANSFER which may arise for the place, suspend the examination of all the others and, within thirty days after such publication , shall make the covers with paper transfers of judges assigned to the organic functions identical to those relating to the posts to be filled. The magistrates to be transferred are identified according to the criteria referred to in paragraphs 4 and 6. They can not be transferred judges serving in offices where they would result in excess of 20 vacation percent workforce or who have hired you effective service for less than two years, it 'those in service at locations on the list referred to in Article 3. 2. the percentage referred to in paragraph 1 is calculated for up or down according to whether the decimal gap is greater than or less than 0.5 ; if the decimal offset and 'equal to 0.5 the arrotondamentoavviene by default. 3. The conditions for the transfer must be met at the office of the publication date of unsolicited locations. 4. The office relocation is accomplished by judges who serve in the same district in which includes the posts to be filled, and if this 'is not' possible, in neighboring districts. 5. In the case of plurality 'of neighboring districts is first considered the district for which and' the lesser the distance in kilometers railway, maritime and if the case, with the capital of the district from which the transfer is to be executed. Similarly we consider more 'near the district whose capital has
The mileage for inferior station, and if the maritime case, more 'short compared to the district capital where and' including the Office to be covered. 6. As part of the same district, the office from which to operate the transfers and 'identified with reference to the lower percentage of the workforce uncovered; in case of equal percentage, transfer and 'work with the office staff more' broad. As part of the same office, and 'he transferred the magistrate with less seniority' in the role and has a seniority 'of service of not less than five years from appointment. 7. If in the same district there are more 'offices to be filled in accordance with paragraph 1, including the guidance of esperesse liking after the order of placement in the role of seniority'. In the absence of indications the magistrate with greater seniority 'and' intended for the office staff with more 'broad. 8. For the judges assigned in accordance with this Article shall apply the provision referred to in paragraph 3 of Article 9. 3. The following are repealed the fourth and fifth paragraphs of Article 4 of Law 25 July 1966, n. 570, as amended by Article 4 of the law 19 February 1981 n. 27 '. Art. 5. - 1. After Article 4 of the law 16 October 1991 n. 321, the following is inserted: 'Art. 4-bis. - 1. The office transferred judges under this law can not be transferred again, with the same procedure, if not eight years elapsed from the initial provision of office transfer and can not be transferred at the request sooner than three years from the day they took actual possession of the office, unless there are specific and serious health reasons. Art. 4-ter. - 1. The following are repealed Articles 9 and 9- bis of Legislative Decree 28 July 1989, n. 273, as amended by Legislative Decree 14 January 1991, n. 12. 2. The last sentence of paragraph 1 of Article 9-ter of Legislative Decree 28 July 1989, n. 273, as amended by Legislative Decree 14 January 1991, n. 12, and 'replaced by the following: ,, for the Cagliari district are considered neighboring districts of Florence, Genoa and Rome, for the Messina District also those of Catanzaro and Reggio Calabria and the district of Reggio Calabria also to Messina ,, '. "It transcribes the text or the title of soprarichiamate or amended provisions: - Article. 194 judiciary, approved by Royal Decree no. 12/1941, as replaced by art. 2 of law no. 321/1991, later amended by art. 2 of the law converting the present decree, and 'so' follows: "Art. 194 (next Tramutamenti). - 1. The magistrate intended to transfer or assignment of functions, to a home he asked, can not 'be transferred to other courts or assigned to other functions before four years from the day they took actual tenure of office , unless there are serious health reasons or serious operational reasons. The term 'reduced to two years for the first seat assignment of judicial hearers. "- The text of art. 192 of the same legal system, approved by Royal Decree no. 12/1941, and' the following:" Art. 192 (Assignment of the venues for TRANSFER). The allocation of seats for TRANSFER and 'arranged according to the following rules: The holiday of judicial offices and' announced in the Official Bulletin of the Ministry of Justice. The announcement can ', however, be omitted out of necessity' service. Applications for TRANSFER to another location are directed by a higher authority to the Minister of Justice and may be submitted at any time, regardless from current 'of the vacancy or the announcement of this in the Official Bulletin. They retain validity 'as long as they are not, with the next statement or other application, revoked. Assigning each site we are working according to the questions. The choice between the candidates and 'made by the Minister, with regard to the attitudes of each of them, to his family status and health, merit and seniority'. Are preferred shares, equal to 'other
personal conditions than those indicated in Article 148. Applications from TRANSFER with passage are permitted by the judicial functions to prosecutors or vice versa, except for such passage exists the approval of the Supreme Judicial Council. If the holiday and 'was announced in the Official Bulletin, the magistrates who aspire to the vacant seat must apply for TRANSFER, if they have not previously filed, within ten days of the publication of the ad. After this deadline, no account is taken of the demand. "- The Law n. 321/1991 concerns:" Extraordinary measures for the functionality 'of the courts and the administrative staff of righteousness. "- The fourth and fifth paragraphs 'art. 4 of law n. 570/1966 (provisions on the appointment to the court of appeal judge), added dall''art. 4 of law n. 27/1981, so' read: "at the filling of the posts of which paragraph (vacancies for judges of the court of appeal remain vacant for lack of aspirants, ed) is provided with judges serving in the district where and 'including the vacancy and, if this' is not possible, by serving judges in neighboring districts. For the Cagliari district are considered neighboring districts of Florence, Genoa, Naples, Palermo and Rome and the Messina District also to Catanzaro. "- Article. 9 of the implementing, coordination and transitional provisions of the Decree of President of the Republic September 22, 1988, n. 449, containing provisions for judicial adaptation to the new criminal trial and the one against the accused minors, approved by Legislative Decree. n. 273/1989, as replaced by ' art. 54 of Legislative Decree no. 12/1991, it was so 'follows: "Art. 9. - 1. For the three years following the date of entry into force of the Code of Criminal Procedure, the Supreme Judicial Council provides for priority filling of the posts of Deputy Prosecutor of the Republic at the courts and at various District Courts as they become vacant. 2. No later than 15 February 1991, the Supreme Judicial Council provides for the identification of vacancies for the Republic deputy prosecutor at the courts and at various District Courts and by 28 February 1991 the holiday and 'announced in the Official Bulletin of the Ministry of grace and justice. 3. For the three years indicated in paragraph 1, transfers and transfers of functions relating to the Public Prosecutor at the Courts offices are arranged before the established term art. 194 of the Royal Decree of 30 January 1941, n. 12, in the absence of requests for judges who have completed two years of taking the actual tenure of office held, provided that the applicant is not paying magistrate employed by the prosecutor's office. 4. The judges who, as a result of transfers arranged the outcome of the procedures provided for in paragraph 2 and those who will be willing within three years following the date of entry into force of the Code of Criminal Procedure, are intended for first assignment or application to the Republic of attorney in the courts or at the various District courts can not be transferred to another office sooner than three years from the day they have had actual possession of the office, unless there are specific health reasons.. "- Article . 9- bis of the same rules approved by Decree. n. 273/1989, added by art. 55 of Legislative Decree. n. 12/1991, was so 'follows: "Art. 9 bis. - 1. In the coverage of designated places in Art. 9 paragraph 2, remained unfilled for lack of aspirants, the Supreme Judicial Council shall be covered by a transfer of office judges whether they serve in the district in which they are included vacancies in various offices by the prosecutor of the Republic at the courts and at preture prisons and that, at the date of the holiday in the Official Bulletin of the Ministry of Justice, have at least two years assumed actual tenure of office of belonging and have not yet
completed the minimum period required by law for appointment as a judge of the court of appeal. The transfer and 'operated under the more' young in order of placement in the role of seniority '. 2. If the district lacks magistrates meet the above requirements, it shall, in the same way, with judges serving in neighboring districts, starting with the more 'close in accordance with Article 1 of the legislative decree 28 July 1989 n. 271. For the Cagliari district are considered neighboring districts of Florence, Genoa, Naples, Palermo, Rome and the Messina District also that of Reggio Calabria. 3. For the magistrates transferred pursuant to paragraphs 1 and 2 shall apply the provisions of Article. 9, paragraph 4. "- It transcribes the text of art. 9- ter of the aforementioned rules approved by Decree. N. 273/1989, added by art. 55 of Legislative Decree. N. 12/1991, as amended by art. 5 of the law converting this decree: "Art. 9- ter. - 1. Unless the use of applications envisaged by art. 110 of the Royal Decree of 30 January 1941, n. 12, as replaced by art. 1 of the law 21 February 1989 n. 58, for the three years following the date of entry into force of the Criminal Procedure Code can be applied to the Republic of attorney at the various District Courts judges, having acting at least in magistrate court, the service of the various District Courts of the district or neighboring districts. For the Cagliari district are considered neighboring districts of Florence, Genoa and Rome, for the Messina District also those of Catanzaro and Reggio Calabria and the district of Reggio Calabria also Messina. 2. The application and 'ordered by the Supreme Judicial Council justified request by the Minister of Justice or the Attorney General of the Court of Appeal in whose district the seat of the office to which the magistrate has to be applied and after the Chairman of the appeals court in whose district the magistrate to apply exercises the functions. 3. The application can not 'exceed the duration of one year and not' immediately renewable. It not 'asked the magistrate's permission to apply. ".