Cartabia reform, Nordio is working on an ad hoc law to avoid pro-thieves “prison cleaners”

The government is working on a standard for avoid the effectprison emptiers” of the penal reform of the former minister Martha Cartabia. As far as he learns ilfattoquotidiano.itin the first meeting between theNational Association of Magistrates and the Keeper Charles Nordio – which took place on Thursday in the presence of the ministry – there was also talk of the entry into force of the new law that revolutionizes the processes, postponed from November 1st to December 31st after the protests of judges and prosecutors from all over Italy for the failure to forecast of a transitional regime (and the consequent organizational difficulties). And it touched upon, among others, one of the issues with the greatest media impact: the risk that dozens or hundreds of suspects (and non-definitive convicts) for theftsroad injuries, seizuresscams or damages come out of prison or give it House arrest from one day to the next, due to the transformation of those cases from “proceedable ex officio” to “actionable on complaint“. It means that if today the prosecutors are obliged to investigate in the presence of a crime report, tomorrow they will be able to do so only if the victim explicitly declares with a formal act (a lawsuit, in fact) the will that the perpetrator be punished.

The problem, however, is that the new regime will apply retroactivelyfor the constitutional principle of criminal law more favorable to the offender. So if things remain as they are now, from December 31st without a lawsuit those crimes simply they will no longer exist (unless the offended person takes action within three months). And, according to the most widespread interpretation among technicians, they will also fail all precautionary measures already enforced and ongoing, instantly freeing legions of suspects professional offenders (the risk of repeating the crime, in fact, is the requirement that justifies almost all the measures in these cases). A risk that the premier Giorgia Meloni he was well aware, so much so that he underlined it at the press conference after the decree-law which postponed its entry into force: “Pending the application of this law, there was a risk that a number of prisoners would be released from prison”. For this reason, accepting the request of the ANM, the government is working on an ad hoc provision to be included in the conversion law, to clarify that the precautionary measures already applied they remain standing even with the change of admissibility, taking up the opinion of a part of the jurists. One way to avoid one of the many troubles of this early term.

Leave a Comment