Changes to the system of the State Attorney's Office.

(Official Journal No. 149, 1 July 1955, General Series)

The Chamber of Deputies and the Senate of the Republic have approved;

THE PRESIDENT OF THE REPUBLIC

PROMOTE

the following law:

Art. 1

The appointment as deputy lawyer is conferred following a competition for theoretical and practical examination, to which the following may be admitted:

1. those belonging to the role of state prosecutors, with at least two years of service (1) ;
2. magistrates of the judiciary with a qualification not less than judicial adjunct (1) ;
3. military judges who, having completed three years of service, including the period of training, have obtained the appointment as second class deputy military prosecutor;
4. the judges of the Court of Auditors who have obtained the qualification of deputy referendum for at least one year and who, prior to taking up their duties, have been enrolled in the register of lawyers or solicitors;
5. lawyers regularly enrolled in the register on the date of the notice of competition, with seniority of registration not less than six years and who have not exceeded the age of thirty-five (2) .

The minimum length of service is not required for those belonging to the categories referred to in letters a), b), c) and d), who, prior to taking up their duties in their respective roles, were already in possession of the requirements referred to in letter And).

Art. 2

Those who, belonging for at least one year to one of the first three categories indicated in the previous article, have already been part of some of the other four categories indicated in the same article, will be able to accumulate the seniority periods required for each category, provided that the total period resulting from the accumulation is not less than three years.
In the competitions for the appointment as substitute lawyer, the candidates admitted to the oral tests obtain the eligibility when they have obtained not less than eight tenths in each of them.

Art. 3

State lawyers are divided into:

• advocate general;
• Deputy Advocates General;
• deputy advocates general;
• deputy lawyers;
• substitute lawyers.

The qualification of second class deputy lawyer of the State is abolished and the relative posts are increased to the qualification of first class substitute lawyer, which takes on the name of substitute lawyer, and is made up of sixty-nine units.
Lawyers who currently have the qualification suppressed by the preceding paragraph are assigned the salary currently set for first-class substitute lawyers.
The current second-class State deputy attorneys are enrolled in the position of deputy attorney in the order of seniority in the role.

Art. 4

The number of Deputy Advocates General of the State is set at six.
The first paragraph of art. 7 of the legislative decree 2 March 1948, n. 155, is replaced by the following: "The Permanent Commission for State Advocates and Procurators is composed of the State Advocate General, who chairs it, and the four senior Deputy Advocates General of the State".

Art. 5

The role of state district attorneys is suppressed. The posts foreseen by the staff are increased to those of Deputy Advocate General, whose role remains fixed at a total of fifty-three units.
State attorneys currently enrolled in the district attorney register will be transferred to the substitute attorney general, taking their place in relation to the seniority of the original register.
The office of district attorney and secretary general of the State Attorney General is conferred on deputy advocates general by decree of the President of the Council of Ministers, on the proposal of the State Advocate General. The indemnity established by table D attached to the law May 24, 1951, n. 392, and subsequent amendments, for state district lawyers.
The provisions of articles 37 and 38 of the consolidated act approved by royal decree no. 1611.

Art. 6

In the first paragraph of art. 1 of the legislative decree 8 March 1945, n. 102, the words "of a grade not lower than the fourth" are deleted.
State lawyers who have not actually exercised, initially, at least for three years, the functions of an institute cannot be placed out of office.
The out-of-office position cannot last more than three consecutive years and out-of-office relocation is not allowed until after at least two years of effective school service.
State lawyers currently out of office, who have already completed, or who will complete, three years in this position, may be retained there for no more than six months respectively from the entry into force of this law, or from the completion of the three-year period.

Art. 7

In the competitions for the appointment as assistant prosecutor, candidates who have completed the prescribed period of legal practice at the State Attorney's Office are preferred, with equal merit. Failing this, the general provisions on preferential qualifications for admission to public employment apply.
Those who have not obtained eligibility in the aforementioned competition exam twice are not admitted to further competitions.
The functions of secretary of the examining commission can also be entrusted to a state attorney.

Art. 8

State prosecutors are divided into:

• chief prosecutors;
• attorneys;
• deputy prosecutors;
• deputy prosecutors.

The chief prosecutor is awarded the starting salary currently set for the deputy chief prosecutors and, after four years of seniority in the grade, the salary and subsequent four-year increases currently set for the chief prosecutors.
The attorney is awarded the starting salary currently set for second class prosecutors and, after four years of seniority in the grade, the salary and subsequent four-year increases currently set for first class prosecutors.
The salary currently set for third-class prosecutors is attributed to the deputy prosecutor and the salary fixed for first-class added prosecutors is attributed to the assistant prosecutors. For promotions to chief prosecutor and to attorney, the rules currently in force apply, respectively, for promotions to deputy chief prosecutor and second class prosecutor.

Art. 9

Current Deputy Chief Prosecutors are enrolled in the rank of Chief Prosecutor in the order of seniority. They are attributed, starting from the entry into force of this law, the salary provided for by the second paragraph of the previous article, calculating as achieved in the new qualification the seniority achieved by them in the role of deputy chief prosecutor. Current first-class prosecutors assume the status of attorney. The first and second class deputy prosecutors, currently in service, assume the status of deputy prosecutor and the relative salary is attributed to them.

Art. 10

The attached table replaces the table annexed to the legislative decree March 2, 1948, n. 155.

Art. 11

The annual charge of Lire 56,000,000 deriving from the implementation of this law will be met with a reduction of the same amount of the funds registered in chapter no. 516 of the budget of the Ministry of the Treasury for the financial year 1954-55 and corresponding to the financial year 1955-56.
The Minister for the Treasury is authorized to provide for the necessary budget changes with his own decrees.

State Attorneys Table

This law, bearing the seal of the State, will be included in the Official Collection of laws and decrees of the Italian Republic. Anyone responsible is obliged to observe it and have it observed as state law.

Note:
(1) Letter replaced by art. 2, L. 23 November 1966, n. 1035.
(2) Letter modified by art. 5, paragraph 3, L. February 24, 1997, n. 27.