Justice, Cartabia: "The reform must be done, the status quo is not an option"
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Reform of Justice, Cartabia: "The Government plays the Recovery on the duration of the trials"
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July 21, 2021 The reform of Italian justice wanted by the Minister Cartabia divides politics and professionals. The union of robes is contrary to the rule on inadmissibility. "The solution put in place by the government amendment does not contain an accelerating measure, capable of ensuring a reasonable duration, but an elimination mechanism of processes intended to operate without being able to be illuminated by a criterion based on the gravity and nature of the crimes under discussion . This is because it uses an abstract predetermination of the term of duration of the appeal proceedings ".
This is what the
National Association of Magistrates
affirms
on the government amendments to the criminal trial reform bill, in particular on the issue of prescription.
Responding to the
Question Time,
Cartabia explains the inadmissibility introduced by
his
prescription
reform
: "It has often been said in recent days that the trials for mafia and terrorism will go up in smoke. This is not the case: proceedings punished with life imprisonment are not subject to in any case, a possibility of extension is envisaged under the terms of the non-prosecution and for the most serious crimes ".
The duration of the trials is "a problem for everyone's attention at the moment and of which the Government is fully aware".
Taking the Naples district as an example,
explains that "There are 57 thousand pending, according to what the top of the judicial offices told me, with already as many prescriptions that occur only in the Naples district, not as a result of the reform approved by the Council of Ministers but due to a situation of extreme gravity which violates both the state's ability to ensure justice and the rights of victims and accused "underlines the minister, according to whom" it is precisely for these problems that already dramatically exist in our country that we need to put a hand to reform and projects overall we are working on ".
Furthermore, according to the Minister "The reform is not only that of the prescription but of the entire criminal process and is part of a framework of important investments in human resources: judicial competitions, competitions for chancellor administrators, the establishment of the trial office which is a structure that greatly eases the work of the judges:
16,500 people will enter
".
"The reform - he adds - provides for a gradual entry, there is a transitional rule to allow the offices that are in greater difficulty to adapt, equip themselves and take advantage of the opportunities for investments and digitization in order to keep up with the times".
The
National Forensic Council
also takes the field
which launches an appeal to the government: "The civil and criminal justice reforms outlined by the maxi government amendments risk disregarding the objectives set by the
UN
in the 2030 agenda, that is the guarantee of universal access to justice", affirms Maria Masi, acting president of the CNF, which appeals to the government and political forces, as part of the presentation of the further session of the National Congress which will take place in Rome on 23 and 24 July where the proposals, analyzes and criticisms of lawyers will be discussed. civil and criminal justice reform.
"A strong contraction in the timeframe of the trial is expected - says Masi - but with the danger that defense guarantees will lose out, configuring regimes of foreclosures, sanctions and filters that harm citizens and that cannot find any justification, especially if proposed. with a view to optimizing the system and reducing trial times.
Undersecretary of Justice
Francesco Paolo Sisto
he replies to the M5s in this way: "I respect all points of view, even though I do not share them. However, I find the alarmisms on the reform of the prescription wrong and unjustified and I ask myself: who criticizes what is proposing? and adds: "it is difficult to understand the position of the M5s which in the Council of Ministers voted for the Cartabia reform unless they completely change their minds today, depositing an infinite number of amendments, thus asking to modify it in its substance".
Then replying to the statements of the prosecutor
Gratteri
, Sisto clarified: "I do not find it at all 'humiliating' to reform justice in order to have European resources and in Gratteri he says that the EU asks us to speed up the processes, we must comply immediately. And if this is to save the country, it is not I feel at all neither belittled nor indignant ”.
Interviewed on the subject by Corriere della Sera, former Turin prosecutor
Armando Spataro
says that "Trumpian walls should not be built. It takes determination and courage to make this reform work".
For Spataro, "Citizens have the right to know the duration of the process, which must be reasonable. The
Constitution
, the
Pinto law
and the
ECHR (European Convention on Human Rights)
which has repeatedly condemned Italy. A correct solution must be found - he says - which is not the abolition of the statute of limitations after the first sentence, which lengthens the time immeasurably. "When asked if he fully agrees with the reform, Spataro replies:" Some proposals do not convince me "such as" the prognosis of conviction "- that -" substantially already exists to request or order the indictment. And it does not convince me at all that a judge can attest outside of a full cross-examination that there will certainly be a conviction. I consider it unacceptable the claim of politics to interfere, in terms of criminal action, on the guidelines of priorities ".