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This article was published on 21 August 2014 at 06:37.
The last change is the 21 August 2014 at 14:09.
Orlando Minister, within 12 points of the reform of the justice take twenty years to chest gangrene of problems – from the collapse of the civil trial operation of the CSM, since the restoration of corporate criminal and “adequate” requirement until the issue interceptions – and on which more than one executive has raised the white flag.
Of course you have the knowledge, but there is a determination not to lose pieces on the street?
Look, there’s certainly a strong political determination but before the realization that many of these problems block the economy and endanger the maintenance of the country.
So?
So let’s start right away from the relationship between justice and economics. Today the first – rather, the absence of the first – is a tare no longer be supported by the country, a system expensive and not productive of results become unsustainable. That gives problems of competitiveness and reliability and management of international disputes between private parties. And you know what happens inside this inertia?
What?
What is offered to organized crime, we are talking about civil law, the possibility of offering a “justice” replacement, a sort of “alternative order”. So even more than a political choice, I would speak of a necessity indispensable. For years they were followed skewed priorities, today we say that the civil, of course, is the place where the collapse occurred, in substantial neglect of politics and the media. And we leave here.
So in the Council of Ministers of 29 August will see the first action?
Of course, we will be ready on everything. Justice and economy, the first step: solution backlog and specialization of the courts to arrive, gradually, the reform process. Then, the issue of “the legal order” (CSM, accountability of magistrates, judges, administrative staff). Finally, the part relating to the criminal trial.
Magistrates, in fact. Are not you afraid of seeing perceived, and opposed, your income rationem reform as the last twenty years?
No, you see, is the method that also becomes “substance.” Here, as in the other 11 points all the attention we are paying institutional due. Not only involving the CSM – however long that calls for a review of its electoral law – but also as a barrier to making excessive demands of politics. On the civil liability of judges, for example, we rejected the direct action that gave rise, that yes, in a suspected attack on the judge and intimidation. The point is the prospect of what we do: our, now, is to protect the rights of the citizen who has suffered damage. And if it is successful, the state pays and then they rival the magistrate in the wrong according to precise rules.
Reintrodurrete false accounting, after 12 years of decriminalization “de facto.”
It is a question of reliability of the system, which must be perceived from afar, in a clear way. It is an essential tool to fight corruption and ensure competition.
will lower the threshold of criminality.
But we must avoid falling into excessive re-giurisdizionalizzazione that would punish small businesses for facts or any of its gravity.
But then given conflicting external signals. The “empty jails” has freed 14,000 prisoners in overcrowded at the price of devaluing almost entirely on remand, however, asking the judges to issue a prophetic judgment (sentence on the upper end in concrete to 3 years) before snapping the handcuffs.
conflicting Why? Pre-trial detention has a function endoprocessuale, can not be used as a general deterrent “and is not an anticipation of punishment, the determination of which rests with the trial judge and to him alone. And then with our decree we modified the automatic of which you speak, while still allowing the investigation to the court to always evaluate the social dangerousness of the suspect, and where appropriate confining awaiting trial.
And the 14,000 prisoners returned not free have a problem?
They had been sentenced for crimes in part “street”, others were instead awaiting trial for offenses laid: children of extremely punitive laws and progressively dismantled by the Advisory and by the Supreme Court. No penalty was canceled, there were selective and targeted discounts without resort to exceptional measures.
Theme interceptions. investigative There is a slope and another (the publication of the proceedings in the media) on which two of his illustrious predecessors (Mastella and Alfano) have given package. There is a real risk that will result in a tie for the investigation and in a gag for the information?
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