AUTHOR: Sandro Trento.
Today I will refer back to justice, we mentioned a few weeks ago, and in particular to a recent proposal by the government aimed to extinction of criminal proceedings. The answer could come up with some is that this process could speed up justice.
In Italy 40% of criminal trials, which have arrived at a above, lasted more than three years. One might wonder whether this decision of the Government actually seeks to promote the economy by speeding up the judiciary. In reality this measure, the government is trying to remedy the defeat suffered the Alfano Bill, rejected by the Constitutional Court.
It is a measure that provides for the extinction of criminal trials that lasted more than two years. I remember once extinguished a process can not be repeated. The successful defendant, with the extinction of the process, would be in a position that has solved its problems with the law.
In Italy the time of justice are very long, and these times are reflected in high costs for citizens, businesses and international investors. We share the idea that it is necessary to speed up justice, but it is one thing to think about the idea of \u200b\u200baccelerating and it is one thing to put a measure on site that kills jobs. It 's like saying that "we must do to avoid being obese diet to avoid obesity and give the poison to those who exceed a certain weight."
introducing a measure of this kind creates a problem related to the conduct of judges. What will the judges? Will focus only on those processes that may be concluded within two years or continue to work on all cases are well aware that most of them will extinct in two years? In Italy, there is that when faced with a crime the judge is obliged to open a criminal investigation, but if we introduce the principle of extinction after two years is likely to break the mandatory prosecution. The judges could have, at their discretion, not to engage in certain criminal actions rather than others. It would create, of course, corruption of judges: the criminal may decide to bribe the judge seeking to defer prosecution for lapses.
The other negative element refers to the action of the defense, which will have an interest in raising objections to delay the criminal proceedings up to the expiry of the two years.
A mechanism of this type does not affect the way it is organized justice, does not provide for the recruitment of new judges or changing how resources are shared among the various courts, but introduces a general principle for the settlement of criminal procedures giving alarming signals to international investors. Italy risks being a country that is no longer the prosecution of certain crimes, and international investors might be discouraged from investing their resources in Italy knowing that if they were defrauded or harmed by any citizen or company Italian would be placed in a position to assert their rights.
This might have a situation legal uncertainty. Think of the Parmalat case, which involved serious costs for thousands of households save. If it had been in force this measure it would not come to a conviction for those responsible for the Parmalat case. How many flights there have been scandals in recent years in Italy where the process took more than two years? All these measures would fall simply because they exceed the required period of government.
It 'clear that the government is proposing this initiative for personal reasons of the President of the Council. By introducing this measure is to kill processes protect the impunity of Silvio Berlusconi and other politicians who have pending criminal proceedings, and does not go in the direction that we wanted, to stepping up the justice to support the Italian economy.
We hope that Parliament does not approve this measure, or that the Constitutional Court may censor it. Italy of Values \u200b\u200bwill do everything to prevent this measure creates permanent damage to the Italian economy.
IDV - Civitavecchia
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