Justice Reform, something is moving but it is still little
Il cabinet approved the bill justice reformpresented by the Minister of Justice Charles Nordio. In our opinion, there are four main novelties.
Pre-trial detention and preventive contradictory
In the cases foreseen by the law for the application of the precautionary measures (when at least one of the precautionary requirements exists: danger of escape, tampering with evidence and recurrence of the offence), takes on a greater guarantee warranty interrogation (the one that turns today before the Gip within five days of the application of the measure). The bill provides that, only for precautionary custody in prison (therefore not for the less afflictive measure of House arrest), the guarantee interrogation takes place before three judges and no longer one. A shareable measure but which would only apply two years after the possible entry into force of the reform in order to implement the staff of the judiciary.
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Instead, if the reform were approved, the new institution of the would be immediately applicable preventive contradictory. The suspect would be subjected to warranty interrogation before the possible application of the precautionary measure, following regular discussions between the prosecution and the defense, before the judge. The most serious crimes would be excluded from this institution so as not to frustrate the surprise effect of certain operations. An institution that we don’t agree with, because the judge and the prosecutor would take the lion’s share against the suspect: if you don’t talk, you’ll end up in prison. Instead, it would have been necessary to limit as much as possible the cases in which pre-trial detention could be applied in prison, preferring the less afflictive ones and implementing the use of the electronic bracelet for house arrest.
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