Because the prescription is necessary for democratic control and the efficiency of criminal justice

The populist Vendée, already shaken by the succession war between the Elevato Beppe Grillo and Capitan Futuro Giuseppe Conte, dug the trench of the last resistance. In the Cartabia reform, the 5 Star Movement sees the cancellation of the judicial policies of Alfonso Bonafede and a sentence to damnatio memoriae . And in fact, after the "clarifying" meeting with Prime Minister Mario Draghi, the lawyer of Volturara Appula stated that he had reiterated “that the 5 Star Movement will be very vigilant to ensure that no thresholds of impunity are created. On this, in the context of the parliamentary debate, the Movement will be very attentive to improvements and interventions that can avert the risk ”. The line is therefore the relentless opposition to the modification of the statute of limitations.

The battle over justice reform is partly strategy and partly tactical. Conte takes advantage of the coincidentia temporis between the parliamentary discussion on the Cartabia bill and the white semester to try to destabilize the Draghi government without breaking the grillino group, hostile to the usque ad mortem early elections. While the allies of the justicialist press grab the opportunity to raise the last identity banner (the citizen's income is in zombie territory: dead but still ambulatory) of the grillismo, necessary for the construction of the Jacobin society gallows and handcuffs.

Resistance to the Cartabia reform, however, is also proof of a systemic failure, not just a political one. Starting from an evident failure of the school and educational system. The lawyers' training includes the firm of Cesare Beccaria, Norberto Bobbio and Piero Calamandrei and the journalists who graduated from classical high school have read (or should have read) Karl Popper's “The open society” . Then, incomprehensibly, in the public debate, the people's advocate praises assembly justice and the editor of the newspaper is pleased with the prison suicides and the brutality of the prison administration.

The restoration charge is an arthouse balloon . The prescription of the crime and the limit to the duration of the criminal action have existed since the time of the Lex Julia of 18 BC and were codified in the current form already in the Enlightenment era with the Code Pénal of 1791. These institutions were even included in the Fascist penal code of 1930 The penal system pursues justice not revenge.

To a barbarism (the commission of a crime), the rule of law does not respond with another barbarism (the infinite process). And this is precisely the reason why even in the face of crimes of greater social danger, such as the mafia and terrorism, the state does not prepare death squads, but celebrates trials. In a democracy, the principle of legality prevails over the principle of remuneration. But the statute of limitations is also a democratic control mechanism over the exercise of criminal prosecution. Through the time limit, the legal system introduces an incentive to the efficiency and economy of justice, to avoid on the one hand the bankruptcy of the accused and on the other hand the inefficient allocation of public money in reckless trials. Efficiency and economy are qualities necessary for constitutional democracy, but completely oblique to Jacobin thought.

The post Why prescription is necessary for democratic control and the efficiency of criminal justice appeared first on Atlantico Quotidiano .


This is a machine translation from Italian language of a post published on Atlantico Quotidiano at the URL http://www.atlanticoquotidiano.it/quotidiano/perche-la-prescrizione-e-necessaria-al-controllo-democratico-e-allefficienza-della-giustizia-penale/ on Thu, 22 Jul 2021 03:53:00 +0000.