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« Escopetarras | Main | More pics from the Fabrica Christmas Party »

Abolishing the penal code

Abolishing the penal code


If this Government lasts a few more months it will abolish the penal code.
It's latest exploit is the "Pecorella law" just approved in Parliament.
The law establishes that if a defendant is found not guilty, the prosecution cannot appeal but can only take the case to the Court of Cassazione.
A defendant who has been found guilty, however, has the right to appeal and if the appeal fails, to also go to the Court of Cassazione. The limitation of the powers of the prosecutor is a grave violation of the equality of powers of people taking on different roles in a trial, as established by the Constitution.

To get a better idea, let’s consider a game of football between Boccassini’s team and Previti’s team.
If at the end of the first half Boccassini is winning, Previti can play the second half and extra time.
If however Previti is winning at the end of the first half, Boccassini only has extra time and no second half at all.
If this were really to happen in a football championship, there would be uproar.
Even Mediaset would throw itself into the arena because it could only broadcast a piece of the game.
But what is just unthinkable for a game is the new reality for an Italian judicial trial.
Another effect of the “Pecorella” law which is always happening, even when the defendant has appealed, is the transformation of the judgement of the Court of Cassazione (which should decide exclusively about whether the law was applied properly) into a third level of judgement into the “merit” of the case, that is a re-examination of the whole process of the trial that has taken place.
This means:
-turning upside down the role of the Court of Cassazione
- increase in the length of trials (and they are already shamefully long)
- multiplication of the tools used for appeal and for delay
- unmanageability of the Court of Cassazione, which will then go on strike
If we combine all this with the reduction in the terms of prescription {to specify a maximum delay before conviction} (ex Cirielli law) we can calmly say that the effects of the “Pecorella” law will be turmoil.
Final blow: the European Human Rights Commissioner Alvaro Gil-Robles published on 14 December 2005 a 60-page document against the administration of justice in Italy.
PS: the dwarf carrier of prescription has been to the tribunal to testify. Everyone was surprised because he said nothing.
He did well: if he had said something, they would have arrested him for false testimony.

Originally from www.beppegrillo.it

What kind of justice is this???? I want to emigrate in another country.....

Originally from
ReBlogged by silvia on Jan 20, 2006 at 12:11 PM Posted by silvia on Jan 20, 2006 at 12:11 PM


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