Charter sings - Espresso, 18 March 2011
besides constitutional values, "the reform epoch-making "Justice made in Berlusconi Alfano also upset the traditional rules of logic. If, right at hand, we examine in the light of the principle of non-contradiction, you can not escape: or was written by lunatics, or liars.
1) must - explain the Reform Party - to "reduce the politicization of the judiciary." But then reverses the composition of the CSM today is formed by two thirds and one third of judges by politicians, judges tomorrow for half and half by politicians. Only a fool can think of to depoliticize the increasing political and transforming the 'self-governing body "in" hetero-government. " And subtracting moreover, the judicial police to pm to hand to the government.
2) The mandatory penalty - they say - is a fiction that hides the discretion: they can not prosecute all crimes, the prosecutor who choose to pursue and which not. So will the Parliament on the recommendation of the Keeper, to establish the crimes each year and the preferred to ignore. But what sense does it say that a behavior is a crime, already knowing that they will be punished? If you can not prosecute all those really might as well decriminalize minors and punish them with fines. Instead this government does nothing but invent new crimes, from animal cruelty Tarot of the pay-TV decoder, the abandonment of garbage on the street illegal immigration (in the last month the Attorney Agrigento had to investigate nearly 10 000 immigrants landed on Lampedusa without a permit and will process them all). Then cut funds and personnel to the prosecuting authorities. Then you wonder if they flounder.
3) The separation of careers - Topics - ensures "the impartiality of the judge, affected by today's connected with the prosecutor. Strange to justify the civil liability of judges (section 5) explains that in Italy a suspect in two is then stored, discharged or required. It 's the evidence that the fellowship does not prevent the court give wrong pm. But if not, how to avoid the risk that the first court to convict the accused that Mr GUP indicted? That the court reconvicted of Appeal sentenced the accused by colleagues of the court? That the judges of the Supreme Court confirms conviction handed down by their colleagues of appeal? If this is the corporate links that you want to break, you must establish at least seven separate careers: pm, gip, GUP, review, court, appeal and cassation.
4) The accused can still appeal the convictions, but prosecutors can no longer appeal against acquittals. The lawyer Franco Cordero speaks of "asinine idea," already rejected by the Consulta. But it is also an attack on logic: the miscarriage of justice is not only the condemnation of the innocent, but also the acquittal of the guilty. What sense does it correct the first and not the second?
5) "The judge said that wrong-Alfano - must pay, as the surgeon who misses an operation." But the patient if the surgeon chooses, the accused does not choose the judge. And the judge has the task of saving lives, but to do justice "without hope or fear" in criminal law, investigates whether or conviction, becomes a regular enemy in the civil remedies having necessarily to agree with Tom or Caio involved with each other, scontenterà inevitably one of them. And then, if medical error is easy to determine, what is a miscarriage of justice? Certainly not the case with 'the arrested suspect or that will not be condemned. Often there is reason to investigate or arrest, but not to condemn. In fact today the alleged victim of judicial error is due to the state, which can not approach the judge in the case of willful misconduct or gross negligence. Otherwise, to avoid trouble, the judge will not do anything: investigations, or arrests or judgments. That 's what we want?
In 1894, when all the defendants to the scandal of the Banca Romana were acquitted, Giovanni Giolitti said: "Now we have evidence that in Italy the big offenders, in addition to being acquitted, with the millions stolen can be reported and prosecute those who had them put in jail." And Berlusconi did not know.
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