The OK of 6 judges will be needed for preventive detention: what’s in Nordio’s justice reform
Carlo Nordio prepares his justice reform. He writes about it today at the opening of the Sheet, starting from 12 unpublished minutes of a speech by the minister in London at an event organized by some students of the LSE. “The audio lasts twelve minutes and at the heart of Nordio’s thinking is a surprising novelty that the government could put in place at the end of April by challenging security impulses of the justicialist right that animate the majority led by Giorgia Meloni. The theme concerns prisons”, writes Claudio Cerasa.
What are you talking about? “Nordio says that the time has come to “limit preventive detention” and, in particular, to “limit as much as possible the possibility that a person will be imprisoned before being tried and sentenced”. Now, Nordio confides, the government is ready to identify a novelty “to limit the possibility of a person being imprisoned before trial, except in cases of flagrance”, reads Il Foglio.
Cerasa writes that “Nordio, essentially, anticipates that the government will intervene on the current rules governing preventive detention and says it without going around the bush:”The presumption of innocence is weakened when the offense becomes flagrant, but when the offense is not flagrant the limitation of the presumption of innocence must be limited to the maximum”. The time has come to admit, says Nordio, that “prisoners are not all the same, just as crimes are not all the same””.
“The gist of the minister’s reasoning is not limited, however, to the definition of alternative penalties, but passes from a different ambition: the transformation of our legal system”, writes Il Foglio. The most concrete novelty already known according to Il Foglio is that “the one who will choose whether to give the ok to the arrest requests made by the prosecutors will no longer be just a judge but “a pool of six judges who will have to be in the majority to validate a preventive detention”.
Subscribe to the newsletter