Home LATEST-NEWS Recipe, from “the EU asks us” to “cures to block the hourglass”:...

Recipe, from “the EU asks us” to “cures to block the hourglass”: the statements of the minister Cartabia compared to the facts

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Remember the made commitments with Europe“, which, however, called for a reform of opposite sign. He claims he will”certain and certain times“For the processes, without taking into account that, with the new rules, the half of the files risk of going up in smoke. And it does, however, announce special remedies against delay tactics they don’t appear in the approved text. The green light in the Council of Ministers for the reform of the lawsuitsays to Corriere della Sera the custodian of the Draghi government, Marta Cartabia, is “a important milestone, achieved thanks to determined leadership of the prime minister“, making it possible to measure the distances between so-called executioners e guaranteedThe ex-minister’s prescription freeze Alfonso Bonafede, contained in the Corruption Sweeps Act – he says – “was animated by the right objective of restricting the recipe,” but it did so “with a unbalanced intervention, neglecting the right of the accused to a reasonable length of the trial”. Which Cartabia instead wants to ensure with a fall at the time of the Appeal and the Cassation, respectively to be carried out in one and two years, renewable to three years and 18 months for some crimes against public administration, after which the trial is terminated for inadmissibility. And the minister warns the parties in view of the vote on the proxy law in parliament, which must follow the CDM resolution: “I hope the sense of responsibility which all ministers have shown to take precedence over any other consideration, in the interest of the country”.

“Europe asks us”? But Brussels promoted the corruption sweep – Cartabia speaks for the first time after the last, hectic days on the theme of justice: the agreement of the reform, after hours of uncertainty, also came from the four M5S ministers, convinced to reach an agreement – as revealed by the fattoquotidiano.it – by the founder Beppe Grillo after a telephone conversation with Mario Draghi. The former chairman of the consultation questions “the made commitments with Europe and deadlines ”, which the political forces, he explains, “know well ”. “It is true that the Greek, the anti-corruption body of the Council of Europe, has recalled Italy from the…high number of recipes“, he admits”, but Italy is also by far the country with the highest number… beliefs of the European Court of Human Rights for violation of the reasonable length of the process, 1.202 from 1959 to today”. What the minister is silent about, however, is that the European Commission – following the complaints of the Greek – in February 2017 he asked for vroeg interrupt the statute of limitations after the first sentence, to discourage “lawyer delaying tactics”. Precisely the content of the Bonafede reform, hailed by Brussels as “Welcome” e “in line with recommendations“In February 2020.

Thousands of recipes, but with a different name – On this subject, unsurprisingly, the jurist would like to specify that her own reform “preserves the plant of the recipe in the first instance of the Bonafede Act: who proposed it then? could be satisfied. The value of that intervention in countering too many prescriptions has been confirmed,” he explains, because “a process that ends in nothing it is really a failure of the state”. However, the text approved on Thursday does not threaten to restrict the regulations at all, but on the contrary produce thousands of new, albeit under a different name: “inadmissibility” instead of “extermination of the crime”. The fall of two years before the verdict on appeal in itself, it would kill more than half of the trials ongoing, as according to the data from the Ministry of Justice, the average duration of the second degree is 835 days, three months more than the fixed limit. In addition, the bait of the possible extinction in Appeal and Cassation will only be able to: encourage professions and precisely those delaying tactics that are stigmatized by the EU. And even the convicts can hope for very serious crimes (fraudulent bankruptcy, corruption, very serious injuries) which, even before the Bonafede, they could hardly save themselves with the recipe. In short, the opposite of what the Brussels authorities wanted.

The remedies for procrastination? The ones that already exist – When asked in this regard (“How can you not think that exceeding two or three years becomes a target for lawyers and defendants?”), Cartabia replies sharply: “No, it’s not possible. We’ve also thought about this and introduced suspensions that: block the hourglass: for example in the case of legitimate hindrance. The inadmissibility cannot be trick to defend against the trial”. However, in the text licensed by the CDM, the cases of suspension are nothing but “referred to in Article 159, first paragraph, of the Criminal Code, “these are the same ones that suspend the course of the prescription: permission to continue, referral of the case to another judgment, letters rogatory abroad and indeed legitimate obstruction. No standards to this, therefore, apart from the one providing for the suspension of the countdown for any extensions of the hearing examination on appeal, however for a period, “not more than sixty days“Between one hearing and another.

The plan to strengthen the offices – Put so, no wonder that in judicial districts most in difficulty for structures and personnel (e.g. Naples, but also Reggio Calabria, Rome and Catania) amass murders of proceedings, with files that would even reach the second degree “Already Dead”, as it warns today on the Done the President of the Court of Appeal of Naples Giuseppe De Carolis. The keeper of the seals recognizes the problem and says: “We must intervene. With more resources, more magistrates, chancellors, technical personnel; with more technology and also with these changes of the rite. There is time to support the most concerned judicial authorities. And compared to the past, the real turning point we have now is resources like never before. There will be two competitions in the judiciary, now others will join 2,700 chancellors, there will be interventions onbuilding and on the digitization. And they will arrive, from the coming months, 16,500 assistants for the trial agency”. All interventions that serve – or should serve – to speed up the activity of the courts. But that will come true long-term, while the temporary guillotine on the procedure will come into force shortly, with the entry into force of the implementing decrees by the government (the parliamentary passage will serve to approve the Legislative Delegation).

The node of running processes – In the background, a fact remains: with the rules that we would like to put into effect, various crucial questions of Italian legal history would never have come to a final conviction. And the fear is also for those who are in progress: the process on State-mafia negotiations, whose degree of appeal has been pending for almost three years, or that on disaster of the Morandi bridge, which came on the eve of the indictment after more than three years of investigation. The minister noted that a clause in the text states that the reform applies to crimes fixed from January 1, 2020“The same to which the current statute of limitations applies”. But while that changed the law in meaning unfavorable to the suspect, and therefore cannot be applied retroactively, this goes in the opposite direction, introducing a new ground of inadmissibility that will be easy for lawyers, compare with a substantive rule, thus applying for its application based on the principle of: please king. Another mine – among many – that the Cartabia reform places on the already shaky Italian justice system.

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