“The government is playing all the Recovery on the duration of the trials”, “not only the 2.7 billion of the NRP for justice, but the 191 billion destined for the entire Italian economic and social rebirth”. And again: “Anyone who escapes change will have to assume the responsibility of missing such a decisive opportunity for everyone”. This was underlined by the Minister of Justice Marta Cartabia in the meeting in the Chamber with members and group leaders of the Justice Commissions, recalling that by the end of 2021 the delegation laws for the reform of the civil, criminal and CSM process must be approved.
Cartabia: money back to the EU without changes
“If we resist the changes, we will miss the objectives that the Commission requires of us as regards the duration of the trials, and therefore Italy will have to return the impressive amount that Europe is about to introduce into the economic and social life of the country” Minister of Justice.
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“Long judgments become an advance of sentence”
According to the Keeper of Seals, it is necessary to intervene on the timing of the criminal trial also “to contain the risks that the process will turn into an advance of sentence, at least on the social level”. Because if there is the presumption of innocence, “on the level of effectiveness, with the opening of a criminal trial the accused – especially if the fact is made public in the media circuit – is exposed to a prejudice of social guilt that can have serious repercussions on his reputation, on his personal and social relationships, on economic activity and on many other aspects of the person’s life “
Prescription, two proposals from the Ministry Commission
Meanwhile, the Commission set up by the Minister of Justice Marta Cartabia on the reform of the criminal process has made two different proposals on the limitation, an issue that divides the majority. The two hypotheses are: suspension of the statute of limitations after conviction in the first instance with resumption if the appeal is not concluded in 2 years; procedural prescription, which is interrupted with the exercise of the criminal action: if the process lasts more than 4 years in first instance, 3 on appeal and 2 in the Supreme Court, there is no admissibility.
Ministry Commission: close on appeals for pm
On the basis of the proposed reform of the criminal trial prepared by the commission, the Prosecutor will not be able to appeal neither the acquittal nor the conviction sentences. The accused may appeal only for reasons specifically provided for by the code. On appeal chamber rite and only on request the oral treatment.