What should not be in the proposed Boanfede on the timing of the process?
“the draft of the minister of justice there are many interventions that the Anm had asked, on which our judgement is positive, but we are opposed to the idea of expect of the predetermined times, the fixed dates for the process, especially linking the reference of the times to disciplinary actions against the judges because this does not respond to the reality of the facts. In a system such as the present one in which we lack the resources, human and material, to think about to locate in the magistrate the only one to blame for the delays is obviously wrong. Simplistic answers such as this could divert from the true causes of a process that will not close quickly”.
But because of the sins of delays should not fall on those who in fact manages the process?
“The brutality of this thesis is unacceptable. Why, even want to think about strict deadlines, this will inevitably lead to sacrificing the need to establish the facts with all the insights stemming from it. You can not treat the judge as if it were a giubox, because each process has a different history, with the necessary profiles, in-depth protection of the accused”.
the Anm is a no dry-that which they ask of the political forces, that is, the fact of having certain times for every level?
“Have been put together with different needs, starting with the statute of limitations, a matter of principle regarding the way in which you think the criminal process. They were twenty years in which we ask the block. But the duration of the process is another thing. We have always been attentive and proactive, but the duration you addresses and resolves with the resources, with the reforms of the process, but certainly not with strict deadlines and consequent disciplinary sanctions. Because, with the current rules, the strict deadlines can not be adhered to if not to the covenant of sacrificing the rights. The risk then is that the quality leaves to be desired, and is also criticized. We are all attentive to the protection of the rights, the judges in the first place, and that these mechanisms run the risk of not going at all in that direction”.
But he saw, however, that all are against the prescription locked?
“I Want to clarify that this is not a request made by the magistrates in their own interest, far from it, because it can lead to certainly of our sacrifices. It is a contribution to make the process better, rather than make it turn blank. It is a request that comes from the indisputable fact, as evidenced by the statistics of the last 15 years, that the offences are prescribed”.
However, there are those who say that a prescription blocked, in fact it would make the processes of the infinite.
“we All think the opposite. The processes will not be infinite, especially if there will be interventions on the resources and on the process itself. You can not make such a reform to cost zero. In the draft there are positive interventions, but the policy needs to understand that resources are needed to speed up the process”.
"The Republic will fight always in defense of the freedom of information, to its readers and to all those who have at heart the principles of democracy and civil coexistence"Carlo Verdelli SUBSCRIBERS TO REPUBLIC © Reproduction reserved reader COMMENTS Today on “Here are the jews”, the outrage of the Shoah at the home of the partisan anti-Semitism. We cannot be innocent of anti-Semitism, the commissioner Santerini: "Fines for racism on the web" The ex-deportee Taussig: "go Back to Auschwitz 75 years after the horror because it doesn't happen again," The delirium of impotence