Paolo Cirino Pomicino
July 23, 2021
In 1999, after the failures and abuses of the previous years by the public prosecutors, contained only in part by the good management of the law by the judicial judiciary, the Parliament passed a constitutional provision to activate with an ordinary law the so-called due process that had a “reasonable duration”. We do not want to open wounds of the past when the witnesses for the prosecution reported to the prosecutors what they wanted except then evade cross-examination in a public hearing by making use of the right not to answer. Let us think rather of the present and even more of the future of justice and of the country and first of all ask ourselves what is the “reasonable duration” of a trial for the legislator opposed to the Cartabia reform.
In the Cartabia reform approved by the Draghi government for the vast majority of crimes the reasonable duration is 7 years after which the inadmissibility would be triggered. It is needless to say that for some serious crimes such as the mafia, terrorism, voluntary murder and for all those punished with life imprisonment, the inadmissibility is never triggered. And then for legislators who ignore not only the fundamentals of politics but also those of law and common sense, what would be the “reasonable length of the process”? Eight, ten, twelve, twenty years or a lifetime? The country is tired of this legislative sloppiness that has oppressed us for 25 years during which none of these characters in search of an author has ever raised a cry for the bad management of repentant protection programs for which some mafia, starting with the killers by Giovanni Falcone and his escort, they did very few years in prison, so much so that also in 1999 a rule was introduced whereby the repentants would have to at least one third of the sentence. Where were the justicialists on Saturday evening and where were those of the militant anti-mafia and the many opinion leaders who pride themselves on being mafiologists?
The time of seriousness has come and Cartabia was and remains such a serious person that in the face of protests from some magistrates, generally prosecutors of the republic, it has rightly said that “if the Magistrates Association protests it is a sign that we have launched a good reform” . What may seem like a joke is on the contrary the sign of a high level of legislation that respects the constitution because it escapes the conditioning of that public opinion concerned. For almost thirty years, in fact, we have seen that governments and parliament no longer led the country but pursued it in its worst moods. The history of the 5-star Movement in the last fifteen years has crystallized this stupid pursuit of the country in its screaming minorities that has ended up infecting not only the PD but almost all of Parliament. The joke of the Cartabia has an ancient flavor and reminds us of what we said together with Guido Carli when we approved the financial law: “We hope that tomorrow Confindustria and trade unions will criticize us and even strike a few hours because if they applaud us it will be a sign that we were wrong” . This is what it means, net of the jokes, to lead a country without being influenced by category interests. The general interest brings together in an overall design the interests of the various parties at stake, softening the asperities of each one, thus managing to combine, as in the specific case, the rights of the defense and the prosecution.
The people’s lawyer Giuseppe Conte who yesterday defended the reasons of the defense and today those of the endless and timeless prosecution, while urging faster trials, never asked to triple the number of magistrates and to fivefold the employees of the tribunals in start with the chancellors. It is easy and demagogic to fight on shared objectives without indicating the tools to achieve them but thank God for some months the country has been led by serious people essential to get out of the various emergencies built in 25 years of political carelessness and legislative sloppiness but the future it will have to be entrusted again to professional politics, hoping that what today is called parties will become so for real.