Ministry of Justice Decree no 44 of 2011, which governs the new telematic trial in Italy was recently published in “Official Journal” No 89 of April 18, 2011.
The regulation replaces the technical rules adopted with the Presidential Decree of February 13, 2001, No 123 and with the Decree of the Minister of Justice of July 17, 2008. The new regulation comes into force on May 18.
The new telematic trial is focused on the use of certified electronic mail, which is governed by the Code of digital administration. The system allows certified email: it means that the user can get a receipt of the dispatch and receipt of receipt.
The certified email addresses of users must be available through the electronic portal and the general register of electronic addresses. An essential role is also attributed to the electronic file in which all acts of the trial will be stored in digital format.
Much is left to forthcoming technical specifications.
The new trial involves organizational and technological burdens for the courts, but also for lawyers, who must adapt their professional and technological equipment, as well as their working practice. It is enough to consider digital archiving to which the dm does not devote particular attention, but which in itself implies organizational and technological changes.
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