Rome, June 22 (Adnkronos) – “We expect a first news today in coherence with the previous path of the Court. The rapporteur is the same and invited us to point out some aspects already treated of a question that had already been addressed and debated albeit with different precedence “. This is the comment to the Adnkronos by Giuseppe Vitiello, lawyer for the National Council of the Order of Journalists at the end of the public hearing held at Palazzo della Consulta on the prison of journalists for defamation in the press.
The lawyer of the Council of the Order of Journalists recognized two different positions on the advocacy front of the State during the public hearing: “one of the two lawyers acknowledged the existence of the problem; of total maintenance of the status quo, a position that cannot be shared even in the perspective presented to the Court “. “The state lawyer Salvatore Faraci – notes Vitiello – refers to a sentence of the Supreme Court in which a conviction for defamation is annulled, arguing that this proves that the system is valid. But a swallow does not make a spring. The discretion remains open. . It is a single situation that does not necessarily turn into a reference “.
Rather, the case cited by Faraci “is the demonstration of the risks and serious consequences deriving from the need to interpret. The rules must be the same for everyone. The discretionary rule in the sentence is not admissible because the judge cannot be a legislator”.