Amendments to the legal system of the State Attorney's Office

(Official Journal No. 70, March 24, 1948, General Series)

THE PRESIDENT OF THE REPUBLIC

Given the art. 4 of the decree-law of 25 June 1944, n. 151, with the modifications made to it by art. 3, first paragraph, of the legislative decree March 16, 1946, n. 98; Given the transitional provisions I and XV of the Constitution; Given the art. 87, fifth paragraph, of the Constitution; On the proposal of the President of the Council of Ministers, Prime Minister Secretary of State, in agreement with the Ministers for Grace and Justice and for the Treasury;

PROMOTE

the following legislative decree, approved by the Council of Ministers with a resolution of 12 February 1948:

Art. 1

The exam for 2nd class substitute lawyer positions takes place in Rome and consists of four written and two oral tests. The written tests consist of:

1. in the drafting of a defensive act of law and civil procedure;
2. in the development of a theoretical theme in civil law with reference to Roman law;
3. in the drafting of a defensive act or in the development of a theoretical issue, in the opinion of the examining commission, in administrative or tax law;
4. in the drafting of a defensive act or in the development of a theoretical issue, in the opinion of the examining commission, in criminal law and procedure.

The oral tests consist of:

1. in an examination on the following subjects: civil law, civil procedure, labor law, social legislation, regional law and European Community law, criminal law, criminal procedure, constitutional law, administrative law, tax law, state accounting, ecclesiastical law, public and private international law and Roman law (2);
2. in an oral defense relating to a judicial dispute, the subject of which must be given to the candidate twenty-four hours in advance.

The two oral tests must take place for each candidate on different days. The classification of the competitors is determined by the sum of the points reported in the written and oral tests.

Art. 2

The Commission of selection of the competitions for the positions of deputy advocate is chaired by a deputy advocate general appointed by the Advocate General.

Art. 3

Competitions for recruitment to the roles of the State Attorney's Office or for promotions to be conferred by means of a competitive examination are announced by the State Advocate General, who also appoints the members and secretaries of the Examining Commissions, to rule of articles 15 and 16 of the royal decree of 30 October 1933, n. 1612, to approve the rankings and to decide, with definitive measures, on the complaints proposed against them.

Art. 4

The second class prosecutors are appointed exclusively following a competition for exams, in accordance with the second paragraph of art. 32 of the consolidated act approved with royal decree no. 1611.

Art. 5

Promotions to deputy chief prosecutor and chief prosecutor are made exclusively by choice.
Before proceeding with the ballots for the promotions to be conferred by choice, both in the role of lawyers and in that of prosecutors, the Personnel Commission may decide that the candidates are invited to exhibit, within a suitable period, ten consultancy and defensive works drawn up in the last year.
Each member of the Staff Commission has ten points.
The sum of the points attributed to each scrutinando determines the classification.
In the case of equal points, candidates belonging to the following categories have preferences, in the order in which they are indicated:

1. decorated with military valor;
2. mutilated or invalids of war;
3. wounded in combat;
4. decorated with the cross for war merit or other special attestation for war merit;
5. fighters;
6. the most senior in grade.

As a result of the classification of all the scrutinized candidates, the Commission forms the ranking and declares that the first classified can be promoted within the number of places to be assigned by choice.

Art. 6

Lawyers and state prosecutors who have reported a disciplinary sanction cannot be promoted until five years have elapsed from the date on which the disciplinary offense was committed.

Art. 7

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 (3).
When it is necessary to proceed with the appointments in accordance with art. 31 of the consolidated act approved by royal decree no. 1611, a magistrate of a grade not lower than that of councilor of the Court of Cassation, designated by the Minister for Grace and Justice, is part of the Commission.
The Secretary General of the State Advocacy intervenes in the Commission as secretary; has a deliberative vote in matters relating to the order and subordinate personnel, and has an advisory vote in other matters.
In case of absence or impediment of the State Advocate General, the Commission is chaired by the senior Deputy Advocate General.

Art. 8

The Deputy Advocates General of the State assist the Advocate General of the State in the powers he has established for each of them.
The senior Deputy Advocate General replaces the Advocate General in case of impediment or absence.
The Secretary General of the State Advocacy assists the Advocate General in the exercise of his duties and supervises the handling of administrative affairs.

Art. 9 (4)

For the deputy lawyers, for the substitute lawyers or for the state prosecutors, an information report is drawn up by the month of January of each year, which must show the conduct inferred from the observance of the disciplinary rules, from the moral skills, from the character, from the fulfillment of official duties and from the esteem enjoyed in the office and in judicial and forensic circles; general and professional capacity and culture; industriousness and performance; the spirit of initiative; aptitude for executive offices; the number of consultative affairs and disputes handled during the year, with an indication of the matters to which they refer.
The information report is drawn up by the State District Attorney for personnel belonging to the individual district offices, and by the senior Deputy Attorney General for those belonging to the State Attorney General.
For lawyers and attorneys transferred during the year, separate reports must be drawn up by each head of office.

Art. 10

The rules of the regulation approved by royal decree no. 1612, relating to the qualification notes.
These are given for personnel belonging to the State Attorney General by the Secretary General, and for personnel belonging to the District Attorneys by the District Attorney.
The provisions relating to the appointment of subordinate personnel and technical agents, to exercise the faculty provided for in the last paragraph of art. 31 of the regulation approved with royal decree no. 1612, as well as those relating to promotions, transfers, termination of service and in general to the career of the aforementioned personnel are adopted by the State Advocate General.

Art. 11

The commitments and expenditure orders relating to the State Advocacy, within the limits of the funds allocated in the budget, as well as the payment orders are issued and signed by the State Advocate General. The competence of the Central Accounting Office of the Ministry of the Treasury remains valid.

Art. 12

The table annexed to the royal decree no. 120, and modified with the art. 2 of the lieutenant decree of 26 March 1946, n. 158, is replaced, as regards the role of lawyers and that of procurators, by the table annexed to this decree, signed by the President of the Council of Ministers and by the Minister for the Treasury. This decree, 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. Ratified by art. single, L. April 17, 1956, n. 561.
2. Letter modified by art. 6, L. April 3, 1979, n. 103.
3. Paragraph replaced by art. 4, L. 20 June 1955, n. 519.
4. In accordance with art. 3, paragraph 7, L. April 3, 1979, n. 103, the staff report provided for by these provisions was abolished for state lawyers with effect from 1 January 1979.