Characteristics of document access

Subjective scope :

The right of document access is recognized to all private subjects who have a direct, concrete and current interest corresponding to a situation that is legally protected and connected to the document to which access is requested.

Therefore, unlike civic access, documentary access is necessarily correlated to a juridically protected subjective situation.

Objective scope :

Access concerns administrative documents formed or permanently held by the State Attorney's Office in accordance with the provisions of Chapter V of Law no. 241, and subsequent amendments.

The right of access is exercised with reference to administrative documents materially existing at the time of the request and held on the same date by the State Attorney's Office.

Generic requests relating to entire categories of documents are not allowed.

How to exercise the right

Presentation of the application for access (formal access)

The request for access can be submitted, by hand, by ordinary mail or electronically, to the office of the Attorney General or the District Attorneys that holds the deed. The access request can also be submitted through the Public Relations Office which will forward it to the competent structure. The application must contain the elements set out in the attached application form .

Or

The term of thirty days, provided for by art. 6 of Presidential Decree 184/2006, for the acknowledgment of the request, runs from the date of acquisition to the protocol of the State Attorney's Office.

Informal access

The right of access can be exercised informally, also by verbal request, if, based on the nature of the requested document, the existence of counter-interested parties is not apparent. By 'counter-interested parties' we mean, pursuant to art. 22 of the law n. 241/1990, 'all the subjects, identified or easily identifiable on the basis of the nature of the requested document, who would see their right to privacy compromised by exercising the access

The interested party will be invited to submit a formal access request if it is not possible to immediately accept the request informally, or if doubts arise regarding the legitimacy of the applicant, his identity, his representative powers, the existence of the interest, the accessibility of the document or on the existence of counter-interested parties.

Access mode

Access to the requested document will take place in the manner requested at the time of the application.

In the case of documents containing, in part, information not accessible to the interested party, partial copies of the documents may be issued. Such copies must include the first and last pages of the document and omitted pages must be indicated.

The examination of documents is free. The release of a copy of the same is subject to the reimbursement of the reproduction cost referred to in point 9 below.

If you have been asked to receive copies of the documents by postal service, the shipment will take place upon receipt of the marks corresponding to the cost of reproduction.

In the case of electronic transmission of documents already archived in electronic format, nothing is due. If, on the other hand, it is necessary to scan paper documents, the costs are determined in the same way as those established for the reproduction from paper referred to in point 9 below. records on storage media.

Reimbursement of expenses for the issue of copies and issue of certified copy

The cost of reproduction for the issue of a copy of the document, fixed by resolution of the Board of Directors of December 3, 1993 in accordance with the note of the Presidency of the Council of Ministers of March 19, 1993 n. UCA / 27720/928, is € 0.26 from 1 to 2 copies, € 0.52 from 3 to 4 copies and so on, to be paid by applying revenue stamps to be canceled with the date by the office.

If the copies are to be issued in authentic form (a true copy of the original), the applicant is required to pay the required stamp duty, together with the refunds referred to in point 9, by presenting the relative marks at the time of delivery of the documents; the competent office will take care of its cancellation.

Counter-interested

If, from the examination of the access request, counter-interested parties are identified, they will be notified by sending a copy of the request.

Within ten days of receiving the communication, the counter-interested parties may submit a reasoned opposition to the access request. Once this term has elapsed, once the communication has been received, the Office will proceed with the request.

Cases of exclusion

The cases of exclusion of access are identified by the Regulation for the discipline of categories of documents formed or in any case falling within the scope of the powers of the State Attorney's Office removed from the right of access adopted with Prime Ministerial Decree of 26 January 1996 n. 200, published in the Official Gazette of 16 April 1996 no. 89