The trials remain infinite: but only for the most serious crimes, identified with a list that is the result of exhausting mediations, and certainly destined to be modified in the future. For the other trials, or for the vast majority of cases that fill the statistics of Italian justice, the basic criterion of the reform that Marta Cartabia had brought to the council two weeks ago remains – entering the field gradually, and going to full capacity in 2024 of ministers: two years for the trial on appeal, another for that in the Supreme Court. Then everything becomes unacceptable. Enough with citizens transformed into defendants for life.
This is the picture that emerges from the convulsive day experienced by the planet justice, with the Cartabia reform subject to the crossfire of grillini, newspapers and magistrates, who accused the text launched on July 14 of being a sort of masked amnesty that would have guaranteed impunity to criminals of all kinds. A few hours before the government met, the high council of the judiciary had dropped the load for ninety years, where – putting the right and moderates in the minority – a motion of rare toughness was approved against the chapter on the prescription of the Marta Cartabia project. At that point not even the most fearless of the Keeper would have gone on challenging the wrath of the Gratteri and Di Matteo. And the mediation begins.
The key step in the government’s backtrack lies in Article 4 of the new draft. It is confirmed that the limitation period is suspended after the sentence of first instance, it is also confirmed that if the appeal process does not end within two years, the inadmissibility is triggered; it is confirmed that in complex cases the judge can extend the terms by one year; and all this was already contained in the old text. But then it is added that “further extensions can be arranged” for a series of crimes: in the original text there is no maximum number of extensions, in fact the duration of the “extendable” trials risks being infinite. If, as an opinion, the definitive text remains this, the party of prosecutors has won, but has not swept away. At that point yesterday’s clash focuses on the list of crimes to be included in the black list. Everyone agrees on terrorism, subversion and related crimes; ditto for the mafia association and drug trafficking; aggravated sexual violence and corruption of minors are added under pressure from the League; so in the end the battle focuses only on a niche of crimes, the “normal” crimes but aggravated by the mafia purpose. An elastic concept, where conflicting judgments cross, and which in any case concerns a number of processes that are not particularly relevant: but of which the 5 Stars yesterday made a flag. The informal note issued yesterday by the ministry of via Arenula says that for this type of crime the definitive text allows a maximum of two extensions beyond the first, so it reaches five / six years. Three times as many as are needed today for an average appeal.
If among the parties the paternity of the result is claimed by everyone, it is clear that the organized judiciary has also and above all determined the change of course of the Cartabia. A fire of criticism that culminated in the resolution of the CSM which yesterday morning approved the document presented by the grillino Fulvio Gigliotti accusing the system devised by the minister of presenting “significant critical profiles” and “practical unsustainability”, accusing it of causing “the impossibility of bring a large number of trials to a conclusion “. A torpedo associated with togas and lay Grillini, from the left and from the center, isolating the advisers of the center-right and of the Independent Judiciary. A preventive barrage against a text that has yet to come to Parliament’s scrutiny. But the fight is not over. Because after the Cartabia reform, the other problems of justice come to a head: from the reform of the CSM to the separation of careers. Matteo Salvini, quite satisfied with yesterday’s clash, announces that now “the referendums of the League and the Radical Party become even more important”. And the referendums will be held for sure: to the 350 thousand already collected yesterday is added the vote of five regional councils, reached yesterday with the yes of Sicily. The quorum sufficient to send the Italians to the polls.