This is one of the greatest and most urgent reforms that our country needs. It can not be waived, although there are also other pressing needs. The text presented by the Minister Angie Alfano is not - one needs to be objective - or read a text "ad personam", perhaps as pure and useless polemic someone wanted to support arbitrarily. It 's a text broadly positive innovation, the appropriate sentence for the scrutiny of parliament. It 's a project that in itself is confronted with the first reality that every project has to confront: the views of citizens and the Chambers. It 's a project that is proposed with light and shadow. First the lights: the expected responsibilities of the judiciary, and the finality of the proceedings at first instance in case of acquittal, and the impartiality of the judge compared to a national prosecutor and judge. There are lights, but many hidden shadows. The first point reflects what most people perceive as a serious structural weakness of our system, as demonstrated by the outcome of the referendum on the matter. It is still below what should be the reception of European directives in this regard. The second protection is true - and it was essential - for the sacred right of the citizen not to be tried "for life", especially if innocent, justice, but, in light of the chronicles fails to protect justice. It has been seen that often, after many years, thanks to new technology, it was possible to conclusively prove the guilt of the acquitted. The rule should therefore be integrated, as in other systems that adopt, with a directive that permits, in the presence of new and crucial material evidence to reopen the case and therefore the trial. With regard to the impartiality of judges than the prosecutor, the principle is valid in itself, even a duty, but can not be expected to make an absolute point of wanting to be even two MSCs, one prosecutor and one for the judiciary that judges , which it inevitably often lead to a situation of conflict rather than opens the synergy between different skills. It would obviously be just an organ for the trial courts that the prosecutor, but both subject to a CSM whose members come from, in addition to those appointed by parliament, equally by both courts. Finally, missing a key point for the renewal of the legal system as a whole, a point to which we are unfortunately still bound to fully governed directly or indirectly descended from the "Code Rocco" fascistic memory, one concerning the equal subjection to the law of both the citizens, as members of law enforcement and public officials. Today the city is located here done - almost always - in a situational which is that of subjection to arbitrary personnel, irrespective of the law. It would also be a duty here a discipline and a call to responsibility as a reason for the judges.
francesco Latteri Scholten. (03/18/2011)
francesco Latteri Scholten. (03/18/2011)