Jurisprudential formalisms and technological forms in digital due process [Formalismi giurisprudenziali e forme tecnologiche nel giusto processo digitale]

The acts discipline, modifying by the Cartabia Reform Law, has been marked by a conditional freedom of forms in order to allow digital management techniques of judicial data management. The articles 110, 110-bis and 110-ter c.p.p. only predict the effects that the acts must achieve, while the definition of the forms was entrusted to the more agile flexibility of the subordinate level legislation. However, even in this attenuated legality procedural framework, the dematerialisation of the file, of the documents and of the transmission techniques cannot shift the axis of the criminal trial. Procedural forms, especially technological ones, must continue to reflect the values of fair trial. They cannot be instrumentalised to achieve the goal of reducing the burden of pending judgments. The renunciation of the rule of law would have been better balanced if the legislator had introduced the principle of preservation of criminal acts into the code to support an idea of axiologically-oriented justice that would shelter the protection of the inviolable rights of the parties from any formalistic conditioning.