Ten years after the law ex Cirielli maybe it’s time to put his hand to the prescription. Perhaps because, even in the days of the approval in the House, the government still seems intent on dragging its feet.
The bill passed yesterday in the House without the votes of the new center-right is now expected in the Senate, where the alfaniani have a bigger and can sink the law. Justice Minister Andrea Orlando has already given assurances: “Possible changes in the Senate.” In this case the law will again return to the House for final approval. It was not easy and sensible to agree these changes before the vote yesterday, saving an unnecessary extra step?
But this is not the only issue of the reform. The bill was also dubbed ‘prescription long’, with a supposed “doubling of the terms.” The reality is different . The time limitation can be calculated according to the “maximum statutory penalty established for individual offense.” X if the crime is punishable by up to 10 years, the offense is extinguished after 10 years.
According to the DDL approved yesterday only for simple cases of corruption, aggravated and judicial , the requirement increases to half the maximum penalty prescribed by law. For example in the case of corruption of their own, now punishable by 4 to 8 years, the prescription would take effect after 12.
There is talk of doubling of terms because the government is planning to increase the penalties for the former Article 319 of the Criminal Procedure Code, the corruption of their own, which would rise to a maximum of 10 years. In this case, in conjunction with the reform passed by the House, would take effect after the prescription 15. But the two measures do not travel together : the increase of penalties for corruption is incardinated in the Senate, where the DDL arrived in the House last week but will have to wait before they voted for a mess of the government on false accounting.
In any case, after years of talk and empty promises sun, would still a tentative step forward. As long as the double process, subject to continuous months of delays, is really completed . And that ‘reason of majority’ (see NCD) does not lead to a watering down along the way of the two laws. Another concern, expressed in the voice, is that there may be an exchange : the NCD bends on prescription, but will dictate the time and manner sull’annunciata reform of interceptions, returned in the viewfinder after the case Wolves .
At the same so you can not fail to note that the reform as a whole is incomplete . The increase in half the time limitation does not extend to other crimes against the public administration (bribery, embezzlement, abuse of office, etc.). A proposed amendment to that effect, even for corporate crimes, had been advanced by the Five Star Movement , but the majority, already split on corruption, no one has come.
Critic the measure also in so far provides stop the prescription for two years after the first degree and one year after the Appeal, but that only applies in the case of conviction and not of acquittal. ” Instead of proceeding to a radical deconstruction of the current framework, with the final interruption of the time after the prosecution or at least after first-instance judgment, merely provides for two cases of suspension of the limitation. The solution is likely to further increase length of proceedings, without producing appreciable advantages. ” E ‘the judgment of the National Association of Magistrates , in a document filed during the hearing in the Judiciary Committee last month.
The principle of limitation is that of “reasonable duration processes “and” certainty of legal relations “, but the system now in force ends up rewarding those with delaying tactics, can dragging its feet. Italy has long been an anomaly in the panorama continental . And it is the Union to asking us interventions to correct the shot. But you know, “asks of Europe” is a slogan that is good only in certain contexts.
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