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The magistrates against the “trial killer” of Cartabia: “Harmful and unacceptable, it encourages appeals and leaves the victims without protection”

The magistrates against the “trial killer” of Cartabia: “Harmful and unacceptable, it encourages appeals and leaves the victims without protection”
The magistrates against the “trial killer” of Cartabia: “Harmful and unacceptable, it encourages appeals and leaves the victims without protection”

The “risk of setting up reforms not only ineffective how much harmful and unacceptable on the plane of the constitutional stability of the system” is “strongly warned with the government amendment “to the Bonafede reform” at the so-called point procedural prescription“. After days of silence, the National Association of Magistrates attacks the reform of the criminal trial studied by Minister Marta Cartabia and dismissed last Thursday by the Council of Ministers. And in particular the “new” prescription which consists in the extinction of the trial for inadmissibility if the duration of two years is exceeded in the appeal and one in the Supreme Court: “It is easy to predict that, as a result of the innovation, a incentive for appeals, with further burden for non-performing offices and inevitable increase in definition times, thus jeopardizing the pursuit of the strategic objective of reduction of criminal trials by 25%“, Writes the togas union in a note.

“It should be noted that, should the amendment be approved, the overrun of procedural times defined in the abstract and without the due consideration of the reality of the judicial offices it would be very frequent, making individual magistrates bear the responsibility for failing to comply with the time limits for defining judgments without actually being able to do so ”, the statement continues. “In this way, the work done in the first instance judgments would be nullified, rendering the whole the criminal justice system is incomprehensible to the community, even for the consequent unreasonable deprivation of victim protection, whose expectations of justice would remain unexpectedly frustrated. Therefore the ANM “strongly hopes that the Government and Parliament can take charge of these strong concerns and makes himself available to fully illustrate the reasons in the appropriate institutional forums “.

On the political front, however, to carve out the role of the first sponsor of the reform “process killer” of Marta Cartabia and the League of Matteo Salvini. If he 5 star movement of Giuseppe Conte intends to change the rule in Parliament, if Italy alive of Matteo Renzi – historically the first supporter of Mario Draghi – intends to propose amendments (but to change the law in the opposite direction compared to the 5 stars), the Carroccio is the first party to cheer for the approval of the reform as soon as possible, already before the summer. To say it is Matteo Salvini, at the end of the meeting with Draghi. “It was a very useful meeting, total sharing on how to move forward in the coming months. We must rush to reforms, accelerate reforms. So the justice reform to be brought to Parliament and approved by the summer, ”says the man who has been collecting signatures for a referendum on justice for weeks, who in fact surpasses the work of the Minister of Justice on the right.

The approval of the reform of the criminal justice has been marked by profound controversy. Not just on a technical level – not just magistrates, but even renowned lawyers like Franco Coppi they called it “a tangle“- but also on a political level. After the disputed approval in the Council of Ministers, the 5 stars will intervene in Parliament to try to fix the rule: at this moment it does not speed up the processes but risks creating more and longer ones. But also one of the first sponsors of Draghi like Renzi announces that he wants to change the reform, in the opposite direction to 5 stars. Which is easy to guess since the Renzians had already complained during the Council of Ministers. To get the 5-star rating, Draghi and Cartabia had changed the rule with elongation (but only at the judge’s discretion) of the term within which the degrees of judgment must be completed – under penalty of inadmissibility – three years on appeal and 18 months in the Supreme Court for the most serious crimes against the public administration: extortion, corruption, instigation corruption and undue inducement to give or promise benefits. Neither had liked that change Come on Italy nor to Italia viva who had asked to suspend the CDM, only to vote on the measure after Draghi’s request.

The premier had told the parties that the reform must be approved in Parliament “as it is “. An appeal received at the moment only by Salvini, who improvises himself as a great defender of the executive: “Anyone yes it will put an angle on reforms, whether it’s Conte, Grillo or some current of the Democratic Party, will have an opponent in the League because the economic situation is positive, the sporting situation is positive, and the professional alarmists stop. The League is there ”. According to the head of the Carroccio, the justice reform must be approved by the summer, which will be accompanied by the “referendums on which we are collecting signatures to cover issues that the Cartabia reform does not address. Then the tax reform, the public administration and the start of the construction sites “. To be seen, at this point, if the other Matteo, the one who leads Italy alive, will maintain his position: will he deposit amendments in parliament or will the center-right follow?

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