Thursday, January 8, 2009

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Iscrizioni Camera Penale di Bolzano anno 2009

Registration is now open for the year 2009 the Criminal Chamber of Bolzano.
Information:
Chambers. Federico Fava
favafederico@hotmail.com
studio@avvocati.bz.it

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Delibera di astensione nei giorni 27 e 28 gennaio 2009

Union of Chambers ITALIAN CRIMINAL

INAUGURATION OF THE JUDICIAL PENALTY OF ITALIAN
Lest we change everything to not change anything

resolution to abstain from the hearings on 27 and 28 January 2009


The Government of the Union of Italian Criminal Chambers, held in Rome December 15, 2008

confirms its resolution on December 8, 2008 which is been issued for January 28, 2009, in Milan, the second "Inauguration of the Judicial Bar Association Italian criminal." The contents of this resolution are referred to here as an integral part of this. Look



1. - The political situation prevailing in the comprehensive reform of the justice of serious concerns. After repeated announcements and authoritative about his urgent need, together with general indications of its contents, and after views expressed opposition to it, the policy seems to run aground in tactics played on many different fronts, not taking into account the urgency of country is to have a profound renewal on time dutiful dell’amministrazione della giustizia, a tutela dei singoli e della collettività.

2. – Un tale stato di cose rischia di produrre un pericoloso deterioramento delle prospettive di riforma e di innescare compromessi di bassa qualità, enucleando interventi del tutto inefficaci ad affrontare il degrado giudiziario.

3. – E’ indispensabile che, senza ulteriori indugi, si dia immediato avvio ai lavori parlamentari che, coltivando anche le consultazioni di quanti operano nel mondo della giustizia, diano luogo al più ampio confronto istituzionale fra gli schieramenti politici, valutino tutte le proposte in campo in modo che su queste basi si costruisca il consenso necessary to take decisions in competition policy and duties that are unshakeable, according to the rules established by the Constitution.

reiterates

4. - The comprehensive reform now needed to cover the whole field of justice, which must be renewed and upgraded in depth, without yielding to undue interest denounce ideological and corporate aspects of conservation.

5. - It must implement the separation of careers between judges and prosecutors.
is to leave in very concrete terms the concept of 'judicial authority' as a unitary state function of the accused and decide to be two sub-functions. From that situation arises today a strong depression of the control of the court on the charges; entire regulatory bodies of the Code of Criminal Procedure, whose operation is based on an integrated control function of the court, are in practice made no precettività. Are vulnerable the neutrality and impartiality of the judge and the equality of the parties. With serious consequences for the efficiency of the case and the quality of the jurisdiction.

6. - We need to reform the CSM for two essential reasons: two MSCs, one for judges and one for the prosecutors, are the result of separation of careers, changing the composition and functions of the CSM is required by the need to restore the autonomy and independence of individual judges, the true custodians of Constitutional Guarantees. Today, individual judges are unduly influenced by the powers that the MSM has on them according to the logic "correntizia" ANM. The reform of the CSM, then, contrary to what some camping, is called to restore the guarantees of autonomy and independence and not to detract from it. 7 .-

should drastically reduce the phenomenon of judges 'role out', that, out of the judicial function, must be to occupy positions of power in the political and administrative institutions, removing large resources to the justice and creating improper commingling of politics and the judiciary and threatened the prerogatives and independence of one of the second.

8. - We need a framework that will enable prosecution in the real obligation, beyond the discretionary freedom, namely the arbitrariness with which the prosecution now have the power of action.

9. - A new penal code and a reform of the Code of Criminal Procedure of 1988 to recover the authenticity of parts of the process.
This must also be an opportunity to stop and address the various provisions in substantial and in that case, have been issued (and you intend to adopt) misinterpreted the need for security of citizens. On this ground the
UCPI shows all his opposition.
wake of an emotional grown so exasperated with reasonableness and not governed by politics, have taken measures that violate constitutional principles, depress the quality of jurisdiction and, moreover, do not achieve any useful purpose in the life of society.
are completely unacceptable measures taken or proposed in recent months, and in particular, among others, suggested the extension of the idea of \u200b\u200bchanging the mandatory arrest art. Cpp and 275, in general the right to issue more fully protective measures in breach of the presumption of innocence of the city, extending the area of \u200b\u200bpreventive measures that in itself makes it impossible to exercise the right of defense; 's indiscriminate introduction of aggravating circumstances, including that of illegal immigration, the introduction of numerous criminal offenses with no offensive content to the often unreasonable escalation of penalties, the introduction of the crime of illegal immigration, the impact on the defense and be heard with Extension of the special rituals not guaranteed to be the immediate and direct way; the adoption of measures limiting the right of defense and the presumption of innocence, including the limitation of the scope of legal aid at state expense, the accentuation of a special process for certain categories of defendants and crimes of the so-called tightening double-track the case.

10. - It must deal with the grave situation of the prison, recovering living conditions of prisoners respectful of the dignity of persons and the rehabilitative function of punishment.
not acceptable is the failure to remove the causes of prison overcrowding and that the use of the death sentence for situations that do not justify it and make it even counterproductive.
Alternative measures to imprisonment, and in particular the provisions of the "Gozzini law" should not be resized, but rather increased. They actually showed a great capacity for re-education, while the prison are factors of recurrence.
The reinforcement and extension of the special regime of detention (art. 41-bis ord. Penit.) Are totally unreasonable and violate the rights of the person (even those awaiting trial), introducing or strengthening principles as the aberrant ' burden of proof on the danger by establishing a special tribunal and the indefinite grounding of a prison regime that the Constitutional Court identified as exceptional.

11. - You must promptly approve the new law, forensic Advocacy that promotes regeneration by acting on key issues: an access advocacy focused on review of the merits, continuing education, the establishment of specialized forensic maximizing ethics. The advocacy role in the administration of justice is an essential factor, which, however, based on a profound renewal.

* * * That said


the Government of the Union of Italian Criminal Chambers considers necessary to promote the mobilization dell’Avvocatura penale perché siano valorizzate le proprie proposte di riforma organica della giustizia e siano contrastate con determinazione politiche contrarie al rinnovamento profondo dell’amministrazione della giustizia. In particolare:

- chiede con fermezza che il governo e la sua maggioranza perseguano in modo determinato i progetti di riforma, rispondendo autenticamente alle esigente del Paese;
- stigmatizza e si impegna a contrastare le pregiudiziali posizioni di opposizione ad ogni ipotesi di riforma organica che le minoranze parlamentari coltivano da posizioni di immobilismo conservatore, manifestando anche elementi di regressione;
- si impegna a contrastare la persistente aspirazione associated bodies of the judiciary to maintain the policy positions of prevaricating conditioning;
- the company is committed to promoting a growing awareness of the real needs of the justice reform.

For these reasons, the Government of the Union of Italian Criminal Chambers

proclamation pursuant to and in compliance with applicable laws and regulations relating thereto, refrain from criminal court hearings and the activity for 27 and January 28, 2009, to coincide with the 'Opening of the court in 2009 of criminal lawyers, "who will represent the moment of a great event proposal and protest


confirms the launch of the second 'Inauguration of the Judicial Bar Association Italian criminal' for the day January 28, 2009, in Milan, at the "Salon Valente" (via San Barnaba 29, corner Via Freguglia ), at 9.30

invites all Italian lawyers, judges, politicians, members of the public, the executive and members of all the Italian Criminal Chambers to attend the above event, during which, according to the program that will soon be announced, will be provided real data on the functioning of justice, we will discuss with politicians and other guests on the path of reform, will be stock of the battles of the Italian criminal for liberal and democratic reforms for justice

reserve
request meetings with the political and institutional as well as any additional outcome of the initiative declared abstention;

has
the transmission of this resolution President of the Republic, the Presidents of the Chambers, the Minister of Justice, the institutional authorities, the CSM, the Justice Committee of the Chamber of Deputies and the Senate, leaders of political justice, the CNF, the Italian Criminal Chambers

Rome, December 17, 2008

The Union Executive Italian Criminal Chambers




President Prof. Oreste Dominioni

Secretary
Mr. Giorgi Lodovica

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Director - adv. Federico Fava (treasurer)

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