Prison reserved for “only the most serious crimes”, and “alternative penalties” for others: la home detention, the semi-liberty, the public utility work and the pecuniary penalty. The range of crimes that can fall into this category widens: it will not only be those of the justice of the peace and driving under the influence of alcohol. Furthermore, if the pecuniary penalty now applies only to offenses for which a penalty of up to six months is envisaged, the months will become twelve.
But the reform of the criminal trial elaborated by the Minister of Justice, Marta Cartabia, concerns many other points, from the prescription to the indictment, to the priority of the trials.
As for the prescription, the discipline in force is confirmed, which provides for the stop after the first degree sentence (both in the case of conviction and in the event of acquittal). There maximum duration for appeal proceedings it is two years and one for those of the Supreme Court, with a possible further extension of one year on appeal and six months in the Supreme Court for complex processes involving serious crimes. After these times, the unpredictability takes over.
To reduce the burden of criminal trials, the reform provides that the public prosecutor can request the indictment of the suspect only when the elements already acquired allow for a “reasonable expectation of sentencing».
It also deals with the theme of priority in processes: it is up to the public prosecutor’s offices, with the general criteria specified by the law by Parliament, to identify the most urgent cases in a transparent and predetermined way, to be indicated in the organizational plans of the Public Prosecutors and to be submitted to the approval of the Superior Council of the Judiciary.
Furthermore, in line with the constitutional principle of the presumption of innocence, the mere registration of the person’s name in the register of crime reports will not have any prejudicial effects on a civil and administrative level.
The prediction ofpreliminary hearing is limited to particularly serious crimes and, in the meantime, the hypotheses of direct summons to judgment are extended. The judge will have to pronounce sentence of no place to proceed when the elements acquired do not allow a reasonable forecast of sentence.
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