Just as a registered, a Certified Electronic Mail Message (PEC), upon shipment, It is enclosed in a transport envelope (virtual), on which is applied a electronic signature (as the post office stamp). This serves to ensure the provenance and inalterability, namely, that the message will not be changed by anyone on his journey. Before delivering the PEC email is making a checking the validity the signature and if successful the message is delivered to the recipient. At this point the sender receives a Delivery receipt O RAC (as the return receipt) and therefore it has the certainty that his message has reached its destination.
With reference to communications through PEC, the cd. RAC takes a leading role. this document, or in Law or equivalent, It shows until proven that the computer sent message arrived in the recipient's box.
At the beginning, already stated on several occasions, The Supreme Court has returned recently with’ordinance No.. 27250/2018.
The predicted effect makes it clear when we can say improved communication via PEC performed by the Registry: when the same is accompanied by attestation of the prosecutor receiving.
In the case decided by the Court in the aforesaid Ordinance, It lacked this certification and the only certain element was represented by attestation by the Secretary of State for not receiving the alert via communication PEC Board of publication of the judgment with which it had been called the precondition judgment.
In those circumstances and given the principle reiterated its pronunciation, The Supreme Court upheld the applicant's claims, aside a ruling, the decree by which the Court of Appeal in Rome had ruled the inadmissibility of its appeal pursuant to articles. 2 e 3 the Pinto Law since late.
Applying this ruling was therefore confirmed the principle according to which the deposit processing time he telematic acts is the one indicated in the acknowledgment of receipt of the PEC.
The timeliness of the telematic deposit can then be verified only in relation to the moment in which is generated the RAC: If this happens before the trial deadline, the deposit will be considered timely, if not, the depositor will incur a forfeiture, where the period is peremptory.