PROCEEDINGS, DEINDEXATION AND OBLIVION: LIGHTS AND SHADOWS OF THE CARTABIA REFORM

Abstract

Human dignity is a broad concept. Summarizing it in a few lines is an arduous task. On the contrary, identifying the causes that limit its scope is much easier. Among them, a fundamental role is played by the criminal process that restricts the most basic human rights: freedom, privacy, home, correspondence, reputation, image. The stigma of being a suspect (and accused) persists and weighs more heavily than a conviction. Also complicit in the current spectacularization of human tragedies, the criminal process is experienced both in the courtroom and outside it, where the accused remains inextricably linked to the historical event and the social punishment is more afflictive than the non-imposed one. In an attempt to tackle this phenomenon, restore dignity to the accused and concretize the principle of innocence, the criminal justice reform enacted in Italy by Decree-Law no. 150 of October 10, 2022, known as the Cartabia Reform, incorporating community and supranational teachings, has provided for a series of provisions to produce greater protection to the accused, in a continuous balancing act between the needs of justice, the processing of personal data and oblivion. The purpose of this contribution is to answer the following question: are the protections provided sufficient to remove the digital infamy of an innocent defendant?