Approval of the regulation for the execution of the consolidated text of the laws and legal rules on the representation and defense in court of the State and on the system of the State Attorney's Office

(GU no. 286, 12 December 1933, General Series)

Having seen the art. 62 of the consolidated law and legal regulations issued pursuant to art. 1st, n. 3, of law 31 January 1926, n. 100, on the representation and defense of the State in court and on the system of the State Attorney's Office approved by our decree of the same date;
Having seen the art. 1st, n. 1, of law 31 January 1926, n. 100.
The regulation for the execution of the consolidated text of the laws and legal regulations issued pursuant to the art. is approved. 15, no. 3, of law 31 January 1926, n. 100, on the representation and defense of the State in court and on the system of the State Attorney's Office, annexed to this decree, signed, by our order, by the head of the government, Prime Minister Secretary of State, and by the ministers secretaries of State for grace and justice and for finances.

REGULATION
Chapter I - Duties of the State Attorney's Offices

Article 1

The State Attorney General's Office provides for the defense of cases before the Court of Cassation, the Superior Court of Public Waters, other supreme jurisdictions, including administrative ones, and arbitration panels based in Rome.
It also provides for the representation and defense of the administrations in the district of the Court of Appeal of Rome.

Article 2

The district attorneys of the State provide for the representation and defense of the administrations in their respective districts.

Article 3

The Attorney General of the State can take charge of the handling of any case at any stage, location or jurisdiction it takes place.
For this purpose, the district attorneys of the State, at the beginning of every case which has special importance in terms of value or the legal issues in dispute, will give summary information to the attorney general.
State lawyers and prosecutors of the State Attorney's Office assigned to district attorneys' offices may, exceptionally, be entrusted with the representation and defense of administrations in cases which take place outside the jurisdiction of their office, when the State Attorney General deems this necessary. the opportunity (1) .

Article 4

Without prejudice to the power of the State Attorney General to provide consultations in any matter, each State Attorney's Office provides consultancy for disputes within its jurisdiction and with respect to all the offices of its own jurisdiction.

Chapter II - Prosecutorial Service

Article 5 (2)

Prosecutorial functions are normally exercised by prosecutors from the State Attorney's Office.
The task of supervising and supervising the prosecution service is entrusted in each office to a State lawyer designated at the beginning of each year by the general advocate, upon proposal, for the district attorneys, of the respective heads.

Chapter III - Administrative Services

Article 6

A secretarial office is set up at the State Attorney General's Office, which includes, in addition to the general secretary, officials and employees chosen by the State Attorney General.

Article 7

The Attorney General of the State designates the bursar of the Attorney General of the State from among the employees of the Order, who exercises the functions of deputy consignee pursuant to the regulations of the services of the general administration of the State and provides for the office expenses of the Attorney General's Office.

Article 8

An official from the respective offices is designated by the state advocate general and the district lawyers to supervise the library service and purchase books.
The custody of books and library materials can be entrusted by the head of the office to an orderly employee.

Chapter IV - Hiring of Staff

Section I

STATE LAWYERS AND STATE ATTORNEY'S ATTORNEY (3)

STATE LAWYERS AND DEPUTY PROSECUTORS (4)

Article 9 (5)

To obtain appointment in the role of state lawyers or in that of prosecutors of the State Attorney's Office, it is necessary, in addition to satisfying the conditions specifically indicated in the articles. 27, 31 and 32 of the consolidated law, possess the general requirements required for appointment as a State employee by art. 4 of the royal decree of 30 December 1923, n. 2960, and subsequent amending and supplementary provisions.

Article 10

Competitions for the posts of second class deputy state lawyer or third class assistant public prosecutor are announced by decree of the head of government, to be published in the Official Gazette of the Kingdom and in the official staff bulletins of the Presidency of the Council of Ministers and of the ministry of grace and justice. Possession of the conditions required for admission to the competitions must be perfect on the expiry date of the deadline established for submitting the application, with the exception of the age requirement, which must exist on the date of the decree announcing the competition.

Article 11

The deadline for submitting duly documented applications for admission to the competitions will not be less than sixty days from the publication in the Official Gazette of the Kingdom of the decree announcing the competitions pursuant to art. 10.
Applications for admission sent by registered mail with acknowledgment of receipt within the deadline referred to in the previous paragraph are also considered to have been submitted in good time. Applications submitted after the established deadline or not regularly documented will not be taken into consideration (6) .
The State Attorney General may order that applicants undergo an official medical examination to ascertain their physical suitability for service.
The state advocate general makes a final decision on the eligibility of the applicants.
Before the day set for the exams each competitor will be notified of the outcome of the application.
A personal identification card will be sent to admitted applicants.

Article 12

The exam for the positions of deputy state lawyer takes place in Rome and consists of three written tests and one oral test. The written tests consist of:

1. in drafting a final statement in matters of civil, commercial or procedural law;
2. in carrying out an issue of internal public law (constitutional, administrative, trade union and corporate, financial);
3. in carrying out an issue of Roman law.

The oral test consists of an exam on the subjects of the written tests, on criminal law and procedure, on ecclesiastical law, and also in a discussion on the topic having as its object a judicial challenge, which the commission must give to each candidate twenty-four hours in advance. The oral test will last no less than an hour.

Article 13 (7)

The exam for the positions of second class prosecutor's office takes place in Rome and consists of three written tests and an oral test, of a mainly practical nature.
The written tests focus one on civil and commercial law, another on criminal law and procedure and the third on civil procedure.
The oral test includes civil, commercial, criminal, administrative, corporate and trade union law, financial law, civil procedure and criminal procedure.
The written tests can also take place in the other locations indicated in the decree announcing the competition or in a subsequent document to be communicated to the participants of the competition. These will be notified of the place of participation in the test to which they will be assigned in relation to the residence indicated in the application for participation in the competition, by publication of a specific document in the Official Journal (8) .

Article 14

The written tests will each take place on a separate day and must take place within eight hours of the essay being dictated.

Article 15 (9)

The judging commission for the competitions for the positions of State lawyer is made up of a State lawyer with the fourth salary class, acting as president and a State lawyer with the third salary class, as well as a magistrate of the Court of Cassation, a lawyer registered in the special register of lawyers before the higher courts, by an ordinary or extraordinary professor in legal subjects in universities, designated respectively by the first president of the Court of Cassation, by the president of the National Bar Council, by the competent rector, within the deadline thirty days from the date of the request. Once the aforementioned deadline has passed without the nominations having been received, even the members who are not members of the State Attorney's Office are chosen by the general advocate.
A state lawyer in the second or first salary class performs the duties of secretary of the commission and draws up the minutes of the meetings, which are signed by the president and the secretary.
The members of the commission and the secretary are appointed by the state attorney general.

Article 16 (10)

The judging commission for competitions for the positions of state prosecutor is made up of a state lawyer with a salary class not lower than the third, with the functions of president, and two state lawyers in the third or second salary class, as well as a magistrate of the court of appeal, by a lawyer or by an ordinary or extraordinary professor in legal subjects in universities, designated respectively by the president of the court of appeal, by the president of the National Bar Council, by the competent rector, within thirty days of date of request. Once the aforementioned deadline has passed without the nominations having been received, even the members who are not members of the State Attorney's Office are chosen by the general advocate.
A state prosecutor performs the duties of secretary of the commission and draws up the minutes of the meetings, which are signed by the president and the secretary.
The members of the commission and the secretary are appointed by the state attorney general.

Article 17

The members of the commission and the secretary referred to in the two previous articles are appointed by decree of the head of government, to be published in the official bulletin of the presidency of the council of ministers.

Article 18

The commission, day by day, determines on which subject or group of subjects the test will be held on the same day.
Once the subject or group of subjects has been established, the commission formulates three distinct themes which are closed and sealed by the president in as many perfectly identical envelopes.
No later than ten o'clock, the president calls the contestants and then has one of them draw one of the three envelopes by lot. Opening it, without breaking the seals, he signs the essay with the secretary and dictates it or has it dictated to the competitors. Anyone who is not present when the dictation of the essay begins is automatically excluded from the competition.
When the written tests take place in more than one location, a supervisory committee is established for each location, excluding that of the examining commission, chaired by a state lawyer with the third salary class and made up of two other state lawyers or prosecutors and a secretary chosen from among the civil servants of the State Attorney's Office, appointed by order of the State Attorney General (11) .
In the case provided for in the previous paragraph, the examining commission, in a session to be held no earlier than two days prior to the start of the first of the written tests, formulates the three distinct topics for each of the tests (11) .
As many copies of each topic are made as there are written test locations other than that of the examining commission (11) .
The originals of each theme are, in relation to the individual test subjects, marked with progressive numbering and closed in identical envelopes without external markings. These envelopes are collected and closed in a single package marked on the outside with the indication of the test material (11) .
The copies of each theme are instead collected in envelopes which must also be marked on the outside with the progressive number corresponding to the theme inserted and are, in turn, collected and closed in a single package marked with the indication of the test material on the outside. All the envelopes containing the individual themes relating to the different subjects and all the envelopes containing the themes relating to each test must be signed on the closing flaps by the members of the commission and the secretary. The packages are also sealed and are kept respectively by the president of the commission and by each president of the supervisory committee who will receive a personal delivery by envoys of the secretary of the commission (11) .
At the time established for each test, which must be the same for all locations, the president of the examining commission checks the integrity of the closure of the package containing the envelopes relating to the test to be carried out, opens it, checks the integrity of the closure of the three envelopes containing the essays and has one of the candidates draw lots for the essay to be performed and immediately communicates to the presidents of the supervisory committees the indication of the test subject and the distinctive number of the essay drawn (11) .
Each president of the supervisory committees, as soon as he receives this communication, having verified the integrity of the closure of the envelope containing the envelopes relating to the test to be carried out, opens it, and, having verified the integrity of the closure of the three envelopes, opens the one marked number of the drawn theme (11) .
The members of the supervisory committees and the secretary exercise the functions and have the powers, during the conduct of the written tests, which are attributed to the members and the secretary of the examining commission (11) .
The packages containing the work carried out by the candidates in locations other than that of the examining commission and the related minutes are sent, by the president of the supervisory committee, to the president of the commission (11) .

Article 19

The written tests will be supervised by all or some of the members of the commission, who may be assisted in the supervision by other officials of the State Attorney's Office.
The paper on which the theme and the procedure must be written is provided by the commission. Each sheet bears a specific recognition stamp.

Article 20

Competitors must each be placed at a separate desk. They are strictly forbidden, during the entire time they are in the room designated for the exam, to confer verbally with their classmates or to exchange any written communication with them, as well as to communicate in any way with strangers.
Competitors are prohibited from bringing with them notes, manuscripts, books or brochures of any kind.
They may be subjected to a personal search before entering the examination room and during the tests.
They are allowed to consult the codes, laws and decrees of the State, the corpus iuris and the Institutions of Gaius, in editions without notes or, as regards the Latin texts, with simple annotations relating to lesson variants.
The relative volumes must be communicated in advance to the commission for verification.

Article 21 (12)

Each candidate is given two envelopes of the same colour, a large one with a coupon with a progressive number and a small one containing a white card. The number corresponding to the one marked on the identification card sent to the candidate must be written on the slip.
The candidate, having completed his work without affixing signatures or other markings, inserts it in the large envelope, in draft and in copy, or only in draft if the copy has not been made. The candidate writes his name, surname, date and place of birth on the card; then, having placed the card in the small envelope, he seals it and inserts it into the large envelope, which he closes and hands back to the president of the commission or whoever takes his place at the time.
The president or commissioner, after having ascertained that the number marked on the coupon corresponds to that of the card, places his signature transversally on the envelope, so that the closing flap and the remaining part of the envelope itself remain included.
At the end of the test, all the envelopes are collected in one or more folds sealed by the president and signed on the outside by the president himself, by another member of the commission and by the secretary.
The secretary draws up a report of everything that happens during the test, signed by the president of the commission and the secretary himself.

Article 22

By resolution of the commission, anyone who contravenes any rule established for their discipline is immediately excluded from the exams. For infringements committed during the written test, exclusion can be decided by the commissioner present. In the most serious cases, by decree of the head of government, the competitor can, upon proposal of the commission, also be excluded from subsequent competitions.

Article 23

The provisions of the articles. 20 and 22 are printed on the personal card referred to in the last paragraph of the art. 11 and are posted at the entrance and inside the exam room.

Article 24 (13)

On the day and time that will be communicated to the candidates by the president at the beginning of the last test, the commission in public session, having verified the integrity of the seals and signatures, opens the folders containing the works, groups together the envelopes with the same number and, after detaching the coupons, closes them in a single larger envelope. A progressive number is placed on this only when the grouping operation for all the jobs is completed, taking care to shuffle the envelopes before affixing the number.
All the envelopes, duly numbered, are then collected in one or more folds sealed by the president and signed by the president himself, by another member of the commission and by the secretary.
Once the above operations have been completed, the commission is convened within five days to begin examining the work.
Having verified the integrity of the folds and individual envelopes, the secretary, when opening them, immediately places the number already marked on the large envelope on the envelopes containing the works.
The same number is then transcribed, as soon as the envelope containing the first work is opened, both at the top of the relevant sheet or sheets, and on the envelope containing the identification card.
The commission reads the themes of each candidate in the same session and, after having completed the reading of the papers, assigns the relative score to each of them at the same time, according to the rules indicated in the following art. 25.
The vote awarded is noted at the bottom of all letters, signed by the president and the secretary and is indicated in the minutes.
The proof of those who have signed the work or marked it in any way is void. Likewise, the candidate's test is canceled when the commission has well-founded reasons to believe that the work is wholly or partially copied from another work, or from some author.
If the revision of all the works is not completed in the same session, the revised works, enclosed in the respective envelopes together with the smaller envelopes, containing the identification cards, and the works to be revised are grouped together with the formalities prescribed by the fifth paragraph of the art. 21.
Once the review of all the works has been completed, the names are recognized by opening the smaller envelopes containing the identification cards.

Article 25

Each commissioner has 10 points for each of the written tests and 10 points overall for the oral test. For each test the sum of the points, divided by the number of commissioners, constitutes the point assigned to the candidate.

Article 26

To be admitted to the oral tests, candidates must have achieved no less than eight points on average in the written tests and no less than seven in each of them in the competition for the positions of deputy state lawyer; in the competition for the positions of assistant prosecutor no less than six points in each of the written tests.

Article 27

The oral tests are public.
In each session, the president delegates a commissioner for questions on each subject or group of subjects; However, questions may be asked to the candidate by any member of the commission.
Once the oral test for each candidate has been completed, voting will take place according to the rules indicated in the art. 25; the secretary writes the result in the minutes.

Article 28

The sum of the points obtained in the written and oral tests determines the classification of the competitors.
Candidates who in the oral test have obtained no less than eight points in the competition for the positions of deputy state lawyer and no less than six in the competition for the positions of assistant public prosecutor's office are declared suitable.
The commission forms the ranking of the suitable candidates, classifying them in the order determined by the sum of the points obtained by each of them in the written and oral tests.
With equal points, except as provided in the art. 74, the commission must give preference to those who are older in age.

Article 29

The deliberations of the commission, including those relating to the proposal of the topics referred to in the art. 18, must always be taken in secret, with the intervention of all the commissioners. Except as provided in the art. 25 for the assignment of merit points, the other resolutions are taken by majority vote.
In the event that any of the commissioners cannot assume or continue the exercise of his functions, he is immediately replaced in the manner established for the appointment.
Any abrasion in the minutes of the commission is prohibited. Any deletions and corrections that may be necessary must be approved one by one by the president and the secretary, with notes in the margin or at the end.

Article 30

The ranking of suitable candidates is submitted by the state advocate general to the head of government for approval. The minutes of the meetings and the original of the assigned topics are attached to the report that accompanies the ranking.
The head of government, after consulting the commission, will definitively decide on complaints submitted within fifteen days of the publication of the results of the competition in the Official Journal of the Kingdom.

Article 31

The positions put up for competition are filled with the appointments of the first graduates.
Within the limit of the positions put up for competition, the next graduates will be appointed if the first ones appointed have not taken up actual service.
The head of the government, upon proposal of the State Advocate General, has the right to assign to the other suitable candidates, according to the ranking order, further positions that become available within six months of the approval of the ranking itself, up to a maximum limit of a tenth of those put up for competition.

Article 32

The personnel commission in expressing its opinion in accordance with the art. 31 and 32, first paragraph, of the consolidated text, also designates which of the vacant positions should be assigned in this case.

Article 33

The state lawyers and the assistant prosecutors appointed to the general attorney's office as well as the state district lawyers appointed pursuant to art. 31 of the consolidated act take the oath required by art. 6 of the royal decree of 30 December 1923, n. 2960, before the state advocate general or whoever replaces him. State attorneys and assistant prosecutors appointed to district attorneys' offices take the oath before their respective district attorney or his deputy.

Section II

ORDER STAFF

Article 34

The vacant positions in the rank of student of the State Attorney's Office are conferred through a competitive exam.
The competition is announced by decree of the head of government to be published in the Official Gazette of the kingdom and in the official bulletin of the Presidency of the Council of Ministers.
Without prejudice to what is provided in the art. 39 of the consolidated text regarding the other requirements required to obtain appointment in the career of the order, to be admitted to the competition it is necessary to:

1. have reached the age of eighteen and have not exceeded the age of twenty-five, except for those who hold the status of permanent civil state employee and without prejudice to the other exceptions established by the provisions in force;
2. have obtained the license of a royal or accredited first level middle school institute or other corresponding qualification pursuant to art. 16, letter. c), of the royal decree of 11 November 1923, n. 2395, on the hierarchical order, and its modifications. For admission to the competition, the provisions of art. 10, last paragraph, and 11 of this regulation.

Article 35

The exam takes place in Rome and consists of two written tests and one oral test.
The following are the subjects of the written tests:

1. composition in Italian;
2. elementary arithmetic, including the rule of compound threes.

The written tests also serve as a calligraphy essay.
The oral test, which cannot last less than half an hour, consists of an exam covering the following subjects:

1. duties and rights of the employee;
2. general notions on the organization of state administration and the organization of archives;
3. labor card;
4. elements of Italian history from 1492 to contemporary times and elements of the geography of Europe and particularly of Italy;
5. elementary notions of statistics.

Candidates may request to be subjected to a test in typing or shorthand or both.

Article 36

The written tests will each take place on a separate day and must take place within six hours of the essay being dictated.

Article 37

The examining commission is made up of a deputy state attorney, who chairs it, and two deputy state attorneys; a chief archivist or a first archivist acts as secretary.
The members of the commission and the secretary are appointed, upon designation by the state advocate general, by decree of the head of government, to be published in the official bulletin of the presidency of the council of ministers.
If there are candidates who have requested to be subjected to the typing or stenography test or both, the commission may add a practical examiner of these subjects of its choice.

Article 38

The conduct and procedure of the exams are regulated according to the provisions of the articles. 18 and 25, 27 and 29.
To be admitted to the oral test, candidates must have achieved an average of at least seven tenths in the written tests and no less than six tenths in each of them. The oral exam is not considered passed if the candidate does not obtain a mark of at least six tenths.
When assigning points for the oral test, the candidate's demonstrated knowledge of typing and shorthand will be taken into account.
The overall mark is established by the sum of the average of the points obtained in the written tests and the point obtained in the oral one.
The ranking is formed according to the order of the points of the overall vote.
Furthermore, the provisions of the articles are applicable. 28, last paragraph, 30 and 31.

Article 39

The definitive appointment to the permanent position is achieved after effective probationary service has been performed for a period of no less than six months and following a favorable opinion of the personnel commission.
Exemptions from the probationary period established by special provisions are reserved.
Both probationary and definitive appointments are made by decree of the head of government upon proposal of the state advocate general.

Article 40

For the solemn promise and oath prescribed by the articles. 5 and 6 of the royal decree of 30 December 1923, n. 2960, the provisions of the art. apply. 33.

Section III

SUBALTERN STAFF

Article 41

Appointments to the positions of janitor are made by decree of the head of government, upon proposal of the state advocate general, from among those who satisfy the conditions established in the following article.

Article 42

Without prejudice to what is provided in the art. 39 of the consolidated text regarding the other requirements required to be hired among the subordinate staff, to obtain the appointment as a janitor it is necessary to:

1. have reached the age of eighteen and have not exceeded the age of thirty, subject to the exceptions established by the provisions in force;
2. know how to read and write.

Article 43

Without prejudice to the provisions of the art. 74, are preferential qualifications in the choice of having served in the armed forces of the State or being the son of an employee or subordinate agent of the State, deceased or retired.

Article 44

The provisions of the articles apply to subordinate personnel. 39 and 40.

Article 45

The technical agents are assigned to technical services at the State Attorney General and are appointed by decree of the head of government, upon proposal of the State Attorney General, from among those who possess the requirements set out in the art. 42.
Before being appointed, aspirants are subjected to a practical experiment to ascertain their technical ability in relation to the services they will be assigned to.
The appointment and retention in service of the technical agent hired to drive the car assigned for use to the Attorney General of the State by the regulation approved with Royal Decree of 13 July 1922, n. 1136, are also subject to the possession of a regular driving licence.

Article 46

Technical agents have the remuneration of technical agents of the Ministry of Finance and are subject to all the rules that regulate the legal status of subordinate staff of the State Attorney's Office, including those on probationary service.

Chapter V - Permanent Commission on Personnel

Article 47

The permanent personnel commission is convened by the state advocate general. Its deliberations are recorded in the minutes, which are drawn up by the general secretary or whoever takes his place and is signed by all those present.
It explains the powers conferred on it by the consolidated text and by this regulation, as well as, for law enforcement and subordinate personnel, those that pursuant to the royal decrees of 11 November 1923, n. 2395, on the hierarchical organization of State administration personnel, and 30 December 1923, n. 2960, on the legal status of civil state employees, and respective amendments, are delegated to the boards of directors and disciplinary boards established within the ministries.

Chapter VI - Matriculation status, seniority and qualification notes

Article 48

For each state lawyer and prosecutor of the State Attorney's Office, a matriculation record is required at the Attorney General's Office (14) .
Every State lawyer and prosecutor of the State Attorney's Office must communicate to the head of the office on which he depends all the changes that occur in his family status (14) .
The provisions of the articles are also applicable to the staff of lawyers and prosecutors of the State Attorney's Office. 9 and 10 of the royal decree of 30 December 1923, n. 2960 (14) .

Article 49

For state lawyers up to and including the fifth grade and for state attorneys, the qualification notes (15) are completed by January of each year.
For state lawyers and prosecutors of the State Attorney's Office who have served successively in different offices during the year, the qualification notes are given by the head of the office in which they are located at the time of compiling them, taking into account the information that will be provided by the heads of the offices, under whom the officials themselves worked during the year (15) .

Article 50

The qualification notes are given for the personnel belonging to the State Attorney General by the deputy state attorney general; for those belonging to the district lawyers of the State by the respective district lawyers.

Article 51

The overall rating is expressed with excellent qualifications; distinct; Good; mediocre; bad, keeping in mind for the assignment of them the rules contained in the articles. 13 to 16 of the royal decree of 30 December 1923, n. 2960.
The qualification is communicated, on a specific sheet, to the interested party who adds the date and signature. He may appeal to the personnel commission within fifteen days of the communication.
In this case, the commission, having received clarifications from the superior who assigned the qualification, formulates the definitive one with a resolution not subject to any encumbrance.
If the qualification has been attributed by the deputy attorney general of the State, he does not take part in the deliberation.
The years for which a lower than good qualification was awarded are not eligible for periodic salary increases.

Chapter VII - Promotions

Article 52 (16)

The exam for the awarding of second class prosecutor positions takes place in Rome and consists of three written tests and one oral test, of a predominantly practical nature.
The written tests consist of:

1. in drafting a final statement in the field of civil and commercial law;
2. in the drafting of civil and criminal procedural documents;
3. in carrying out an issue of administrative and financial law.

The oral test includes civil, commercial, criminal, administrative and financial law, as well as civil procedure and criminal procedure.
The competition is announced by decree of the Head of Government, to be published in the Official Bulletin of the Presidency of the Council of Ministers. From this publication the deadline for submitting applications for admission begins, which will not be less than one month.
The judging commission of the competition is composed, upon designation by the State Attorney General, of a deputy State Attorney General and two deputy State Attorneys. A deputy state attorney designated by the attorney general performs the duties of secretary of the commission and draws up the minutes of the meetings, which are signed by the president and the secretary.
The conduct and procedure of the exams are regulated according to the provisions of the articles. 14, 17 to 25, 27 and 29.
To be admitted to the oral tests, candidates must have achieved no less than eight points on average in the written tests and no less than seven in each of them. The oral test is not considered passed if the candidates have not achieved at least eight points.
For the classification of competitors and for the ranking of suitable candidates the provisions of the art. are applicable. 28, excluding the last paragraph, and art. 30; in the event of equal points, priority is given to the candidates with the highest rank and, in the event of the same rank, to those preceding them in the role.

Article 53

The personnel commission designates for promotions by choice the state lawyers and the prosecutors of the State Attorney's Office, in possession of the grades established respectively by articles 28 and 33 of the consolidated law which it recognizes with unquestionable judgment as being more deserving; the choice is made among those who have achieved excellent or distinguished qualifications at least in the previous five years (17) .
The commission itself judges with unquestionable criteria whether state lawyers and prosecutors of the State Attorney's Office at the lower level who have obtained excellent or distinguished qualifications in the last three years at least in the last three years and not more than one qualification not lower than good in the two-year period preceding the three-year period itself (17) .

Article 54

The exam required for the awarding of the third of the available places in the archivist grade takes place in Rome and consists of two written tests and one oral test.
The written tests will pay:

1. on the general administrative system of the kingdom and, in particular, on that of the state attorney's office; on the duties, responsibilities and rights of public officials;
2. on the rules reflecting the installation and use of archives and in particular those of the State Attorney's Office.

The oral test, which will last no less than half an hour, will focus on the subjects of the written tests and on the constitutional laws of the State.
The conduct and procedure of the exams are regulated according to the provisions of the articles. 36, 37 and 38.
For the other promotions of group C personnel and for those of subordinate personnel, the rules contained in the current provisions on the hierarchical order and legal status of civil administration personnel of the State apply.

Chapter VIII - Transfers, Missions and Leaves

Article 55

Transfers are arranged by decree of the head of government upon proposal of the state advocate general.
The payment of transfer allowances is made according to the rules in force for civil employees of the State.

Article 56

Deputy Attorneys General and District Attorneys of the State may, by decree of the Head of Government upon proposal of the Attorney General of the State, be assigned to respectively fill vacant positions of District Attorney or Deputy Attorney General of the State, assuming the title inherent to the new function and in the respective role the place determined by their seniority in the fourth grade.

Article 57

When exceptional service needs require it, the State lawyers and the prosecutors of the State Attorney's Office, by decree of the head of the government on the proposal of the State Attorney General, can be sent on mission to another office of the State Attorney's Office (18 ) .
Mission allowances are paid according to the regulations in force for civil state employees.

Article 58

Compatibly with the needs of the service, state lawyers and prosecutors of the State Attorney's Office benefit from an annual holiday period of forty-five days (19) .
It is up to the State Attorney General to establish the weekday shift of the officials of the Attorney General's Office, and to the District Attorneys of the State to establish, subject to the approval of the Attorney General, that of the officials of the respective district attorney's offices, taking into account the conditions of the individual offices. and local uses.
The holiday period normally runs from 15 July to 15 October of each year.

Article 59

The Attorney General of the State may, for serious reasons, grant extraordinary leave not exceeding one month.
During extraordinary leave the active duty supplement is not paid.

Article 60

Holidays and leaves can be revoked or interrupted by the state attorney general when service needs require it.

Chapter IX - Duties and Fees

Article 61

The skills of lawyer and prosecutor devolved to the State Attorney's Office, in accordance with the art. 21 of the consolidated law, are recorded in approximate figures in the estimates of the Ministry of Finance and their distribution is made at the end of each quarter of the financial year.

Article 62

In the cases referred to in the last paragraph of the art. 21 of the consolidated text, after the settlement has been approved or the sentence has become final or the arbitration award which pronounced the compensation of expenses has become final, the general attorney's office or the district attorney's office of the State requests the opinion of the royal commission for the order of lawyers on the amount of lawyer fees that would have been paid to the losing party; by decree of the minister on whom the administration concerned depends, half of the said fees and prosecutor's fees that would be due according to the tariff are paid to the State Attorney's Office.

Chapter

Article 63

The rules relating to expectations and availability contained in the art. 81 and 94 of the royal decree of 30 December 1923, n. 2960, on the legal status of civil employees, also apply to state lawyers and prosecutors of the State Attorney's Office (20) .
The functions delegated to the board of directors in the aforementioned articles are exercised by the personnel commission.

Article 64

The resignations, readmissions and dismissals of state lawyers and state attorneys are governed by the rules contained in the articles. 46 a50, 53 and 54 of the royal decree 30 December 1923, n. 2960, on the legal status of civil employees. The functions delegated therein to the board of directors are exercised by the personnel commission (21) .
The provisions contemplated by this article which concern officials of the role of State lawyers are arranged by royal decree. For the prosecutors of the State Attorney's Office, provision is made by decree of the head of government (21) .

Article 65

The dismissal from service of lawyers and prosecutors of the State Attorney's Office who have become incapacitated for health reasons is carried out after ascertaining their health conditions through a medical-collegial examination. (22)
Following the findings of the medical-collegiate examination, the exemption from service is proposed by the state advocate general and is decided by the council of ministers for officials above the fifth grade and preceded for the others by the opinion of the personnel commission.
The interested party is given a deadline to present his deductions, if he so wishes. The relevant communications are made by the secretariat of the Presidency of the Council of Ministers for State lawyers with grades higher than fifth and by the general secretary of the State Attorney's Office for other officials. The latter must also be notified of the date of the meeting of the personnel commission so that they can be heard personally if they request it.

Article 66

The Attorney General of the State proposes exemptions from the service of law enforcement and subordinate employees for health reasons and for other reasons determined by the provisions in force on the legal status of civil employees. The communications referred to in art. 52 of the royal decree of 30 December 1923, n. 2960, modified by royal decree 6 January 1927, n. 57, are made by the general secretary.

Article 67

In the cases provided for by the articles. 35 and 36 of the consolidated text and in the previous art. 65, the reason that determines the dispensation is stated in the relevant decree which also mentions, depending on the case, the resolution of the council of ministers or the prior opinion of the personnel commission.

Article 68 (23)

The state advocate general has the power to propose the ex officio retirement of state attorneys, law enforcement officials and subordinates when they have completed 40 years of service or 65 years of age with 20 years of service, even if don't ask.

Chapter XI - Disciplinary Measures

Article 69

When the State Attorney General nevertheless becomes aware of facts that may give rise to the disciplinary sanctions contemplated in the second paragraph of the art. 40 of the consolidated law, invites the employee to justify himself, after which he proceeds within the limits of his competence.
If, however, he believes that the facts may give rise to more serious sanctions, he designates an official to carry out the necessary investigations and carry out the other actions that according to the Royal Decree of 30 December 1923, n. 2960, on the legal status of civil employees, are the responsibility of the personnel office.

Article 70

Once the investigations have been carried out, the official designated pursuant to the previous article submits the documents to the state advocate general.
The Attorney General of the State, when he considers that the inexistence of the charges is proven or that a sanction within his jurisdiction should be applied, takes action accordingly. In other cases he convenes the personnel commission for the oral discussion, meanwhile making the documents available to the commissioners.
The general secretary of the State Attorney's Office gives notice to the accused of the day set for the oral hearing, observing the terms set out in the art. 73 of the royal decree of 30 December 1923, n. 2960, and warns him that he can view and copy the documents.
The official who carried out the investigation takes part in the oral discussion as rapporteur.
The personnel commission, having also heard the accused person if he/she appears, proceeds, after the rapporteur and the accused person have withdrawn, to their resolutions with the rules prescribed by the art. 74 of the royal decree of 30 December 1923, n. 2960.

Article 71

The provision by which a punishment greater than censure and a reduction in salary is inflicted on officials of the role of state lawyers is adopted by royal decree.
If the punishment is inflicted on prosecutors of the State Attorney's Office, the provision is adopted by decree of the head of government (24) .
The same procedures are observed in the event of acquittal following a resolution of the Council of Ministers or a proposal from the Personnel Commission due to the absence of charges.

Article 72

In the cases provided for by the art. 78 of the royal decree of 30 December 1923, n. 2960, the reopening of the proceeding is ordered by the head of government upon proposal of the state advocate general. The new procedure takes place according to the rules established in the previous articles.

Article 73

Art. 73 The provision provided for by art. 80 of the royal decree of 30 December 1923, n. 2960, is adopted by decree of the head of government upon proposal of the state advocate general, after consulting the personnel commission.

Chapter XII - General and Transitional Provisions

Article 74

Nothing is innovated as far as the hiring of the staff of the State Attorney's Office, their career and their economic treatment reflects the provisions in force regarding war invalids and those of the national cause, those decorated for bravery, ex-combatants, orphans , the widows and unmarried sisters of those killed in war or for the national cause, of non-commissioned officers who have acquired the right to civil employment, as well as to the rules in favor of demographic increase. The provisions in favor of those deserving of the war and the national cause which shorten the seniority required for promotions in rank or for admission to the relevant competitive exams (25) apply to the staff of the State Attorney's Office.

Article 75

The provisions relating to the maximum age limit for hiring do not apply to casual or daily staff in service for at least six months at the State Attorney's Office with technical duties who achieve the appointment as technical agent in the first implementation of this regulation. and the probationary period.

Article 76

Until it is approved in the manner referred to in the art. 21, first paragraph, of the consolidated text, the regulation for the distribution of the competences of lawyers and prosecutors among the officials of the State Attorney's Office, the regulation approved by decree of 20 May 1924 of the Minister for Finance will continue to apply.

Note:
(1) Paragraph amended by art. 2, RD 17 September 1936, n. 1854.
(2) Article modified by art. 2, RD 17 September 1936, n. 1854.
(3) Title modified by art. 2, RD 17 September 1936, n. 1854.
(4) Text prior to the amendments made by the Royal Decree of 17 September 1936, n. 1854.
(5) Article modified by art. 2, of the RD 17 September 1936, n. 1854.
(6) Paragraph replaced by art. 3, Presidential Decree 18 August 1984, n. 538.
(7) Article modified by art. 2, RD 17 September 1936, n. 1854.
(8) Paragraph added by art. 1, Presidential Decree 16 May 1980, n. 271.
(9) Article modified by art. 1, Presidential Decree 31 March 1972, n. 211 and subsequently replaced by art. 2, Presidential Decree 16 May 1980, n. 271.
(10) Article modified by art. 2, Presidential Decree 31 March 1972, n. 211 and subsequently replaced by art. 3, Presidential Decree 16 May 1980, n. 271.
(11) Paragraph added by art. 4, Presidential Decree 16 May 1980, n. 271.
(12) Article replaced by art. 1, Presidential Decree 18 August 1984, n. 538.
(13) Article replaced by art. 2, Presidential Decree 18 August 1984, n. 538.
(14) Paragraph amended by art. 2, RD 17 September 1936, n. 1854.
(15) Paragraph amended by art. 2, RD 17 September 1936, n. 1854.
(16) Article replaced by art. 2, RD 17 September 1936, n. 1854.
(17) Paragraph amended by art. 2, of the RD 17 September 1936, n. 1854.
(18) Paragraph amended by art. 2, RD 17 September 1936, n. 1854.
(19) Paragraph amended by art. 2, RD 17 September 1936, n. 1854.
(20) Paragraph amended by art. 2, RD 17 September 1936, n. 1854.
(21) Paragraph amended by art. 2, RD 17 September 1936, n. 1854.
(22) Paragraph amended by art. 2, RD 17 September 1936, n. 1854.
(23) Article modified by art. 2, RD 17 September 1936, n. 1854.
(24) Paragraph amended by art. 2, RD 17 September 1936, n. 1854.
(25) Paragraph added by art. 2, RD 17 September 1936, n. 1854.