Prescription, the challenge of Bonafede for the process in five years

the ROME - "the First of the regional next Sunday in Emilia and Calabria, we must necessarily quit this catchphrase of" justice". This is the joke that circulates with greater insistence between the Pd and the M5S in view of the nth summit - now on the fourth by the establishment of the government post - that today will be held in the palazzo Chigi at around 17. Premier Earl is determined to quit once and for all the game of the prescription, in the open between the two parties, without exclusion of strokes. As the press conference post christmas - it was the 27th of December, where the Pd has presented a draft law, "life insurance" had called the former Justice minister and now deputy secretary of the Pd Andrea Orlando, who opposed the prescription of the minister of justice, Alfonso Bonafede, which is due to come into force only after four days.

While the Count works for the mediation, however, the check out of Italy alive seem more and more do bank with Forza Italia and the head of Justice, Enrico Costa, who has just presented two other amendments to the decree "Milleproroghe" in an attempt to block the prescription for "short" of Bonafede (stop its progress, after the judgment of first instance). In the first he asks that the rule slip a year and six months from its entry into force; in the second, it asks that the government is committed to introduce rapid reform of the criminal process. Italy also living in the "Milleproroghe", asks that the prescription slip. And after four votes of the check out on the prescription (two abstentions and two votes against the government), in disagreement with the rest of the majority and agree with the Coast, there is the risk of a serious and final incident of parliament that could have serious consequences on the stability of the Count Two.

The occasion could already be that of the vote on the proposed law, Coast -via the prescription of Bonafede - which will fall next week in the classroom and in the Chamber between 27 (general discussion) and 28 January (voting in the classroom). Where there is the previous of check out is that already in the commission, a week ago, have voted in favour of the Coast, splitting the majority.

the Whole is then determined by the summit on justice with the Count. In which the minister of justice Bonafede, will present its proposal to accelerate the timing of the process, in all just over 5 years, to maintain, but only part of the prescription, with the distinction between who is condemned and who is acquitted. For the first prescription continues to run, but the appeal process may not last more than two and a half years, worth an immediate disciplinary action against judges "snail". For the seconds instead of the prescription crashes and no longer runs. As to the process in 5 years the goal would be reached by a series of measures - the shorter time between the preliminary investigation and the beginning of the trial, greater use of rites alternative such as plea bargaining and abbreviated, further decriminalization, the use of the single judge and also in appeal, the recruitment of judges and clerks - who Bonafede, after the all-clear today, will immediately in the next council of ministers, perhaps as early as Thursday.

The Pd, this time, looks positively at the summit and it is willing to close the game justice. Says Walter Verini, in charge of the matter for the Democrats: "a former minister, Giulia Bongiorno, had called the prescription Bonafede 'a bomb on the criminal process in the absence of certain times of the process'. Well, if these timescales are achieved, and we are talking about a process that is expected to last not more than 5 years, we would have reached really a goal of epic proportions, and, above all, the atomic bomb would no longer exist".

of Course, there still remains the problem of when to bring into force the difference between convicted and acquitted for prescription, i.e. the so-called "lodo Count". Considered that the requirement applies only to crimes committed after the entry into force of the law, the effects will be seen not earlier than 3-4 years. But, as it says the same Verini, "has also the political signal". So, the solution, which, however, should be verified technically, could be assumed by the same Pd, enter the change in the prescription for acquitted and convicted immediately in the decree "Milleproroghe". But it should be checked, which will be made in the summit today, the technical compatibility of the solution. What is certain is that, also in view of the vote in the plenary on the law Coast, passing the difference of the mechanism may resolve the doubts of the to check out and avoid a problem to the majority.

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