Sunday, May 8, 2016

“Institutional relief Morosini Case ‘- Il Sole 24 Ore

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This article was published on May 8, 2016 at 8:13.

ROME

He speaks of “several Italie» prescription – with South Courts where the percentages are equal to zero, and the North Courts where reach almost 50% – but it also speaks of the case-Morosini, emphasizing its “institutional significance”, but you can not just settle with the “inappropriateness” of certain political views expressed by the toga of the CSM in the interview sheet, entitled (with forcing permitted by the newspaper) “Why Renzi must be stopped.” “It is not question the freedom of expression of the magistrate,” says the Minister of Justice, but “a series of dates evaluations on the functioning of the institutions,” as the opinions on the CSM (recipient of “political pressure”), of magistrates (Gratteri ), also engaged in other institutions (Canton, Melillo), on the enacted laws. “Beyond the possible journalistic force,” says Andrea Orlando, those steps “need to be clarified to the end in the interest of the good performance of the relationship between different institutions.” And it is this “sense” of the encounter with the vice president of CSM John Legnini expected in the coming days. Meanwhile tomorrow Legnini will rise at the Quirinale: the appointment was already set since last Thursday but it will be an opportunity to discuss with the President of the Republic (who is also president of the CSM) the case-Morosini and its institutional implications. In the perspective of both the convening of an extraordinary plenum of both the drafting of a new code of ethics. In both cases, the board is also the theme, very delicate, the participation of judges in electoral or referendum campaigns, which is creating frictions with politics but also within the judiciary and currents.

Orlando speaks during a press conference on the prescription. That, according to the data of the Ministry, is patchy (see 24 Hours Yesterday Sun) and that to be countered, needs “even appropriate organizational models compared to the phenomenon”, that is, says the Head cabinet Gianni Melillo, “the office’s ability to guide choices based on priorities.” Therefore, not only of new rules, even though Orlando confirms that the aim of get to vote by summer seems “within reach.”

From the slide of the ministry shows that in the Courts of Appeal of Venice, Naples, Reggio Calabria, Salerno, Turin, Rome, Perugia, Brescia and Ancona, the prescription of incidence exceeds the national average of 22%, and reaches almost 50% (Venice), while Trento, Bolzano, Palermo, Lecce , Caltanissetta, Trieste, Campobasso not even reach 5%. Even in the courts, the incidence is patchy, ranging from 0.2% to 51.1% of Aosta of Tempio (Turin is at 2.2%, Roma 4.6%). In short, there is no limitation on the “southern problem” or a “criminal matter”, says Orlando, nor is there “an automatic cause and effect relationship” with uncovered positions of organic, as there are offices to almost full squad but with high prescription rate. So, “the problem of resources certainly exist, but even more to how they are managed. We would like that resources were aimed at attacking the processes and it is up to the heads of the offices manage priorities. “

In general, it is in front of the Courts of Appeal that the courts will prescribe 18% of cases, while it rises to 58% in the investigation stage. “It’s a bad sign – said Orlando – because in the investigation are prescribed minor offenses, while in the other stages the most serious crimes”, such as those against the Public Administration. For which the impact of the requirement is 12.5%, rising to 13.2% for corporate crimes, above the overall average (9.5%). Compared to 2013, however, the corruption offenses are prescribed a little ‘less (13.3%) and according to Orlando this slight drop depends on the increase of penalties introduced in 2012. The data then show a low percentage of the offense requirements bribery (2.9%) and nothing, however, for the induction of undue offense (son of the unpacking of the concussion of 2012), not even mentioned. Which induces some doubt on the soundness of the survey, if only because it was the chronicle of those years to record more than one process (also excellent) finished in prescription for the new offense, especially in the Supreme Court.

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