Justice, the green light of the CDM for the reform of Marta Cartabia
Green light of the CDM to the justice reform developed by the Minister Marta Cartabia with the aim of speeding up the process times and making them compatible with the PNRR and European standards. The Keeper of Seals’ package of proposals was politically armored after the resistance of the M5S, which threatened to abstain, and which delayed the start of the Cmd by almost two hours.
But the agreement was found after the meetings between the big names of the Movement, the premier and the Minister Cartabia, held before the CDM. The agreement reached with the grillini ministers provides for longer times for crimes against the PA, including therefore corruption and extortion, three years to close a trial on appeal and 18 months in the Supreme Court, under penalty of cancellation of the process.
As reported by Republic, in the council of ministers, however, not everything went smoothly because, after the OK of the 5S to the modification of the text, the discontent of Forza Italia, in particular of Renato Brunetta, and of the Renzians exploded against what, in turn, they considered a yield in favor of the grillini. But the reaction from the M5S was tough. “Let’s not step back an inch“, They assured. In the end, Mario Draghi’s mediation would once again bring everyone to an agreement. “I appeal to your sense of responsibility, these are reforms linked to the PNRR, fundamental for the country, and I want a compact and responsible majority,” said the premier.
What does the justice reform envisage?
The reform provides for a series of substantial interventions, which concern the duration of the preliminary investigations, the “contingency” of the mandatory prosecution, sanctions, alternative rites and above all a partial return to prescription, an issue that has triggered the controversy of the pentastellates and that in Parliament he risks definitively breaking up the party, linked to the reform of Minister Bonafede.
Yet the mediation found with the pentastellati would not completely cancel the M5S reform, through a procedural mechanism of “inadmissibility” for the grades subsequent to the first: two years to close the appeal and one year for the cassation, after which the process closes. There are no penalty discounts for the condemned, while for the acquittal each procedure ends: the workhorse of the M5s would therefore not be definitively canceled.
As regards the preliminary investigations, in the justice reform it is foreseen the introduction of tight terms for the duration, entrusted to the control of the investigating magistrates. The most accredited hypothesis allows six months from the date on which the person is registered in the register of crime reports for offenses. For the most serious crimes such as drug trafficking, mafia associations, terrorism, it takes eighteen months. Twelve months remain for the other offenses. The prosecutor may ask for an extension of the investigation time only once and for no more than six months, in cases of greater complexity. The judge will have control of the times and at the expiry of the terms he will be able to ask the prosecutor to make his decisions on the fate of the open file.
The justice reform then provides that prosecution is no longer at the total discretion of the prosecutors, and the principle of obligation will find a ‘corrective’ in the indications that will come from Parliament, which will establish the priorities on which to focus. Each year the Minister of Justice in his report on the state of justice will give ‘coordinates’ in the form of an act of guidance.