The Guardian of the Seals Carlo Nordio illustrated the programmatic guidelines of his ministry in the Senate Justice Committee. His reform will be based on a fundamental principle: guaranteeism. Nordio touches on many aspects of justice, from the separation of careers (“Judges and prosecutors in the same order don’t make sense”) to wiretapping (“Deadly instrument of delegitimization”) to criminal prosecution (“Arbitrary and capricious”, with ” the presumption of innocence which remains vulnerable in many respects”). The minister immediately explains the challenge he has set himself: “A reform of the penal code is necessary, adapting its principles to the constitutional provisions”, albeit with a “constitutional amendment”. «Our Code that regulates the structures and types of crimes dates from 1930 and in the report that accompanies it is pointed out as the most significant expression of fascist ideology – he adds – However, it has only been modified in some elements suppressing the most heinous crimes, integrity of the lineage and others, and the introduction of others, mainly through special laws not always articulated with its structure. On the contrary, the Criminal Procedure Code is relatively recent and was drafted by a decorated member of the Resistance, Professor Vassalli».
As for the separation of careers, the Minister of Justice considers that “it makes no sense for prosecutors to belong to the same order of judges because they play a completely different role. By managing thousands of cases, the Public Prosecutor’s Office is unable, due to lack of resources, to deal with them in full, so it is forced to make a choice; not only that, but he can find ideas to investigate everyone without having to answer to anyone. Such a system gives the individual initiatives – and sometimes the ambitions – of some, fortunately few, magistrates a hegemony made more incisive by the absence of responsibility in case of mismanagement. Therefore, it is freed from those controls that, in every democracy, accompany and limit the exercise of power».
The instrument of interceptions is closely linked to this aspect, which is why the Minister of Justice announces: «We are going to monitor it rigorously. Sometimes they have a controlled dissemination, becoming a deadly instrument of personal and political delegitimization” and end up becoming a “danger to people’s privacy and honor”. “immediate and rigorous inspections” were triggered. Finally, preventive detention: “It cannot be subject to the scrutiny of a single judge.
Prime Minister Giorgia Meloni makes it known that the government fully shares Nordio’s program: “I am a guarantor in the trial and a judge in the execution of the sentence”. Support also comes from the third pole, with Matteo Renzi commenting: “Let’s see if we move from words to deeds as we hope”. On the other hand, the reaction of the National Association of Magistrates persists, for which “Nordio’s words are vague and not very generous”. The president of ANM, Giuseppe Santalucia, asks a question: “When criminal action becomes discretionary, who decides which crimes to prosecute and which not?”. And the answer is given: “Politics, as in any system.”
Source: IL Tempo
Emma Fitzgerald is an accomplished political journalist and author at The Nation View. With a background in political science and international relations, she has a deep understanding of the political landscape and the forces that shape it.
