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There are passages in our republican history that do not receive media attention equal to the impact they have on the lives of citizens. This is the case of the wiretapping reform, which came into effect on September 1 due to the substantial indifference of press, web and television journalism. However, from this law, our legal civilization suffers an unprecedented amputation. Mattia Feltri told it yesterday, evoking the metaphor of the inviolable drawer, where he, as a teenager, could hide his secrets, because, by specific agreement with his parents, it would never be opened. This drawer distinguishes a democracy, which renounces seeing and knowing everything while respecting a part of the privacy of citizens, from regimes that, in the name of efficiency, truth and justice, impose totalitarian surveillance on the life of a community . As of today, that drawer is open to the prying eyes of a prosecutor.
The reform extends the use of wiretapping to criminal proceedings other than the one for which they were authorized. It means: I intercept you for a crime hypothesis, but then I will look for others and process you with new charges. Or I intercept you, but then I also investigate and process all those, besides you, that I get clues about. In investigative jargon it’s called dragging: you spy everything you can spy on and you don’t throw anything away, as long as it serves to accuse someone. We will thus see files full of transcripts that go from one court to another, people and events far from each other that are united by the same destiny. It is presumed, because everything to prove. And sewn by a Trojan, it is a spy virus that a magistrate has inoculated on the mobile phone or personal computer. And who listens to our conversations, reads our correspondence, looks at our photos and videos, records our sighs, because he even listens when the mobile phone and the television are off, while we go to the bathroom, while we make love, while we fight. , while we apologize, while we ask for forgiveness, or rather while we cry in the midst of renal colic. Yesterday at least one investigative hypothesis of mafia or terrorism was needed to justify this investigative ferocity. Today is enough a complaint for embezzlement, cited in the ordinance with which the interception is arranged, and we are naked for months in front of a stranger who watches us, judges us and, perhaps, sends us to trial.
There is only one grammar that can justify such an invasive judicial system: suspicion. The suspicion that it is the primordial technique of the mind, which has escaped the control of reason. The suspicion that justicialism raises the texture of every human relationship, turning it into the neurosis of legal civilization. The suspect who marries the computer detector. Because this constipates the dimension of time in a present composed of stolen moments and reduces the criminal will to an expression. That rewinds guilt into a story in which any difference between a plan and an intention, between an intention and a wish, and between a wish and an emotion is lost. The suspect and the Trojan can go beyond the abuses of any dictatorship, investigate the stream of consciousness of politics and society as a whole, keep them under control and guarantee the judiciary a dangerous moral supply.
It matters little that sooner or later we are acquitted. That sooner or later justice will make sure of the irrelevance of this piece of investigative technology, denouncing its insufficiency as evidence. What is “irrelevant” in the criminal trial becomes “essential” in the media trial. Here the object of the dispute is no longer the constitutive facts of the crime, the actions to commit them and the subjective elements of fraud and guilt, but the mere intentions that cannot be classified as elements of guilt, and even the unrealizable wishes of the subjects who enter the radar. Of the investigation. Because what makes intentions and desires legitimately prosecutable and ostensible is not the evidentiary validity, but precisely the intensity of the suspicion, which is inferred from the number of associations and connections that can be established between the information acquired. It is in this quantitative evaluation where the computerized capture of an error becomes central, due to its ability to condense the large amount of details, clues, associations and references present in a section on human relations.
The reform of the wiretapping re-legitimizes those assault prosecutors who for two decades have taken place in the most unscrupulous inquisitorial outings, skilled in building a network of complaints to bring provincial inquiries to the heart of Roman palaces, blow them up in the media and then watch them. deflate, like soap bubbles, in the process. Some ended up in politics, others stumbled on a disciplinary procedure that cost them a little peace of mind. His philosophy was: investigate one to spy on a hundred. Their methods, which have turned them into true trawler professionals and which have put the examining magistrates themselves to shame, are now validated ex post. And they will be in fashion again, like vampires awakened by a reform that bears the signature of the most forcaiolo minister in Republican history, Alfonso Bonafede, but also the vote of confidence of the Democratic Party and Italia Viva. In confirmation of the high price of a subordination to the populism of justice for the alliance that governs the government and for democracy.
Yet another green light from politics to the militant judiciary comes as the so-called living law censors and limits the practice of wiretapping on the train. Last January, the sentence with which the United Sections of Cassation prohibited their use in processes other than the one for which they were authorized, giving a restrictive reading of those “related crimes” for which the previous legislation allowed an exception to prohibition. . This proves that the highest and most enlightened jurisprudence reasons politically. Faced with the legitimacy crisis that the Judiciary is going through, he is concerned about recovering the guaranteeing spirit. Against this spirit the legislator enters today with a straight leg. In the silence of the media, they will soon realize that they are the first objectives of the reform. Among those responsible for public service, for whom the legislation extends the use of the Trojan, there are also television presenters and journalists. The Supreme Court established this some twenty years ago. And it’s a safe bet that assault prosecutors will take that into account.
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