Friday, July 29, 2016

rapid processes? No thanks. The alfaniani stoppano notifications on … – The Daily

Judges and lawyers engaged in studying how to reduce biblical times of the processes agreed in calling for the introduction of the via certified mail notifications to the defendants and suspects defenders instead of physically mobilize for every action the bailiffs. An amendment that after years of insistence on introducing this new technology has arrived in Judiciary Committee in the Senate , where we discuss the reform of criminal law, famous for also contain thorny knots of prescription and interceptions . The centrist Popular Area – read the alfaniani – they stopped they got the reference to a future delegation to the government. With the support of Forza Italy and the final endorsement of the Pd .

“The amendment proposed to move from a medieval system notifications to a system of modern times, of course maintaining the guarantees, “he told ilfattoquotidiano.it Senator Pd Felice Casson , Vice-Chairman of commission. And, as rapporteur along with party colleague Cucca Giuseppe , a signatory of the proposed amendment. “The novelty could enter directly in the bill under discussion, but the Ap block advised us to withdraw the amendment and postpone the matter to the classroom.”

The centrist celebrated the victory: “Popular Area welcomes the withdrawal by the speakers of the amendment relating to notifications of judicial documents included in the reform of the criminal, “he has said the senator process Bruno Mancuso . “We had strongly advocated the dropping because if this proposal emendativa had taken the course would determine issues regarding the ability to know of the charges, with a clear compression of the accused’s rights .

the amendment 16.0.1000 by Casson and Cucca was going to change, among others Rules 148 and 156 of the criminal code that procdura precisely regulate notifications of judicial documents. The combined effect provided that only the first act of an investigation was notified “by delivery of a copy to the person”. For all subsequent would be enough to “certified mail”, the address indicated by the defender. A few lines that would allow to overcome a system that stretches the length of proceedings and costs a lot to the taxpayer. But PA has seen us a “compression of the rights of accused” and if they have not done anything. And so the great little notifications revolution ends hostage centrists, like the prescription, that “it will be difficult to reform this majority,” prophesies Casson. The simple solution to stop time after a specified act, for example, the conviction at first instance, will never pass the wall alfaniano, while it is the rule “is in Anglo-Saxon countries and in France and Germany”, said the former judge. “Those abnormal is us.”

Yet the suggestion to abandon the Middle Ages to land in our time has come long ago just from a government-appointed commission (vintage Letta) to which he belonged among others the ‘ current prosecutor of Catanzaro Nicola Gratteri , a former minister in pectore the Renzi government and big supporter of notifications via pec as medicine to streamline processes and save public money. “First”, he said in the report of the Committee signed by President Roberto Garofoli , “is considered necessary the use of IT tools, especially making the email mandatory certification for all lawyers registered to relevant register and providing that the acts are carried out notifications through this tool. ” Date: January 2014. The modern era can wait.

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