The Meloni government won the elections in the now distant 2023 with
three reforms in its program: the premiership, differentiated autonomy,the justice reform. While the first two seem to have run aground for now
waiting for better times, the justice reform seems to have reached its
epilogue. Now that its contours are starting to become clearer, it
becomes evident that it is essentially the reform of injustice. ----
Preceded and introduced by the Cartabia reform that disarticulated the
Italian judicial system, destroying the process and the certainty of
punishment, the management of justice entrusted to Nordio has
degenerated, with the active contribution of the Salvini-Piantedosi duo.
The reduction of trial times that was part of the objectives of the
reform, the computerization of procedures, have failed miserably and
while the first objective is only having the result of letting trials
lapse after the first-instance sentence due to the impossibility of
respecting the times for the celebration of the appeal process, the
inability to implement a computerization program of procedures has
created chaos in the judicial offices, increasing the already great
inefficiency of dilapidated and understaffed structures. Meanwhile, on a
more general level, the government is proceeding with the spot reform of
the separation of careers, inventing a second Superior Council of the
Judiciary, this time for public prosecutors, in homage to the
distinction of careers between judges and public prosecutors. Once this
step of constitutional importance has been taken, the government will
finally have a free hand to proceed to the next step, that is, to place
the public prosecutor under the iron control of the executive, so as to
establish from year to year a list of crimes to be prosecuted as a
priority and with an emergency procedure, eliminating the obligation of
criminal prosecution and therefore strengthening the discretion of the
public prosecutor placed under the government. In this way, the
Berlusconi dream of a domestic justice system that punishes crimes that
are unpleasant to the executive and turns a blind eye to those that are
the responsibility of the elites temporarily in power will finally come
true.
But the biggest problems have come from the legislative activity of the
executive which has adopted a policy of proliferation of crimes,
saturating the already overcrowded and insufficient prisons and then
stating with the Minister of Justice that the responsibility for all
this lies with those who commit crimes and the judges who condemn.
Prisons are increasingly crowded with drug addicts and social misfits,
hit by police measures that leave white-collar crimes unpunished.
Entrusted to insufficient and poorly paid staff, prisons are effectively
in the hands of prisoners responsible for major crimes who direct their
criminal activities outside the institutions from within, while the
State that guards them is unable to guarantee their safety, given that
the weakest of those forced into the prison circuit resort to suicide as
the only solution to escape their miserable and desperate condition. The
situation is worsened by the continuous measures of the Government that
invents new crimes and increases penalties to the point of scandalizing
the approval of a decree that provides for new crimes that violate the
most nourishing freedoms. In particular, this last measure, with its
troubled process, so much so that it raised the doubts of the Presidency
of the Republic for manifest unconstitutionality, is characterized by
the intent - according to the Government - to respond to the requests of
women and men in uniform and therefore strengthens the impunity of the
police forces and its powers. A text of 34 articles recommends but does
not oblige, public administrations, managers of public utility services,
universities, controlled and participating companies and research
institutions to collaborate with the Security Services and to stipulate
agreements that oblige them to hand over information and data even in
derogation of the regulations on privacy. Regarding the conduct of
resistance (even passive) in prisons: it is clarified that the crime of
"riot" is considered committed only in the presence of violations of
orders given "for the maintenance of order and security" and not for any
type of order. The rule also covers cases of revolt in the Centers for
the repatriation of migrants, while the configurability of the crime in
the Reception Centers is excluded.
As regards protests against public works of national importance (from
the Bridge over the Strait to other infrastructures), before the
Quirinale's finding, the rule provided for the application of the
aggravating circumstance, leaving it to the discretion of the Government
on which works deserve protection. Now, the aggravating circumstance is
limited to infrastructures intended for the supply of energy, transport
services, telecommunications or other public services. A rule that
increases the penalties for illegal occupation of real estate has also
been interrupted.
The ban on buying SIM cards for foreigners without a residence permit
has been removed from the new text of the decree: now migrants who land
in Italy will be able to buy a phone card by showing their identity
document. The hateful rule that provided for prison for pregnant women
arrested for pickpocketing has been abolished: their precautionary
detention will be ordered in a mitigated custody institute and not in
prison for those sentenced to less than one year: the judge will be able
to evaluate the overriding needs of the minor even in the presence of
serious conduct by the mother. But the distinctive feature of the
provision is given by what is provided for the police force and their
protection; the Government refuses to provide that every police officer
be provided with a clearly visible identification number and opens to
the use of bodycams even if the timeframes within which the departments
will use this support are not established. In return, agents and
soldiers investigated or accused for facts of service will be able to
work, while the State will support their legal costs up to 10 thousand
euros for each phase of the proceedings: the "immunity" or criminal
shield proposed by the League seemed unacceptable even to the other two
parties of the majority and above all unwelcome to the Quirinal.
G.C.
https://www.ucadi.org/2025/04/28/la-riforma-dellingiustizia/
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