Home » Prescription, 718 amendments to the criminal bill presented to the Commission

Prescription, 718 amendments to the criminal bill presented to the Commission

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The criminal justice reform bill is currently under discussion in the Justice Commission of the Chamber of Deputies. The argument is deeply felt by all political forces. However, the hottest and most discussed issue of the bill is certainly that of the statute of limitations, so much so that the parliamentary groups in the committee are trying to get their hands on it to change the new system of the law.

The bill, filed for the first time in March 2020 and waiting to be adapted to the address of the new government majority, deals with the prescription of article 14 by applying the so-called “Conte 2 award”, where “Conte” does not refer to the former premier but to the deputy of Leu Federico Conte. The award was the result of the compromise reached between the Pd, M5s and Leu and was not considered sufficiently guaranteed by Iv, which had already then threatened to overthrow the Conte-2 government if there were no further changes. Article 14 maintains the blocking of the prescription after the first instance sentence, provided for by the Corrupt Sweeps law of 2018, only when convicted. On the other hand, if in the first instance one is acquitted, the statute of limitations continues to run. Furthermore, if you are acquitted when the prescription is missing one year, the term is blocked for one year to allow you to arrive at a possible sentence of appeal, and another six to arrive at the sentence in Cassation.

Regarding this article, for the moment it has not presented any proposals for changes. Instead, all the groups in the Commission have filed a total of 718 amendments, distributed as follows: 183 presented by Forza Italia, 127 by the Lega, 126 by Italia Viva, 96 by Fratelli d’Italia, 45 by the 5 Star Movement, 31 by the Democratic Party and the others presented by minor political forces.

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With the amendments signed by Ascari, Cataldi, D’Orso, Di Sarno, Ferraresi, Giuliano, Perantoni, Saitta, Salafia and Scutella, the 5 Star Movement aims to leave the original text of the Bonafede law intact, maintaining the limitation block afterwards the first instance sentence, regardless of whether it is condemnation or acquittal, repealing article 14 of the criminal bill. Unexpectedly, even the amendments of the League go in the same direction: to maintain the block of the prescription.

The rest of the center-right, on the other hand, is absolutely opposed to both the “Lodo” and the previous Bonafede bill. The amendments presented by Forza Italia aim to restore the statute of limitations in full. Berlusconi’s party has also tabled amendments to ban the appeal against acquittal sentences, a change that Berlusconi had called for during the 2018 election campaign. “The important thing is that the Bonafede reform goes into statute of limitations” said the honorable Bernini.

The Democratic Party, for its part, intends to maintain the agreement reached during the last government, adding the fact that the statute of limitations runs again if the time of the trial exceeds that foreseen by the Bonafede bill. The 31 amendments presented by the Democratic Party are also aimed at reducing the number of trials that are celebrated by strengthening alternative measures and increasing the rewards for those who use them. Finally, there is an amendment whose purpose is to reduce the time of the delegation to 3 months, so that the penal reform enters into force as soon as possible once approved.

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Italia Viva intends to profoundly modify article 14 of the bill. «Our philosophy» explained the deputy of Iv Lucia Annibali, «is that of a trial within a reasonable time that nevertheless does not contract defensive guarantees. The starting point we propose is to suspend the prescription after the appeal, that is, the conclusion of the merit phase, after which various solutions can be coupled “.

A meeting is scheduled for next week between the Minister of Justice Cartabia and the group leaders of the majority in the Commission.

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