A premise: the reform of the justice I would like to make a few comments (I'm not a lawyer or a judge but I am a citizen who carefully considers the problems of coexistence of the community and thus also to the problems of justice) and I would like to be told by those who read my comments if they can be shared and be somewhat useful
Thanks from now.
Considerations Justice: the reform of our judicial system I believe in the premise should reaffirm the following principles:
1) all citizens are equal before the law (hence)
2) the certainty of punishment for those who commit crimes
3 ) results in the first instance (just to confirm my certainty of punishment) the immediate enforceability.
4) crimes are those that the code defines these (or reform review of criminal and civil codes).
reaffirming these principles that I think should concern all citizens and will undertake a review of the judicial apparatus, and you can proceed subject to the basic principles enshrined in the constitution such as
autonomy and freedom of opinion of the judge whose only obligation is implementation and observance of applicable laws.
autonomy and the requirement of prosecution for all crimes and availability of appropriate means to ensure they (the police, the possibility of tapping etc...)
They will certainly be overturned at this point, the judiciary and the separation of the investigative careers as it may be invoked, as in other professions, the civil liability and criminal court in mind that, as in the case of doctors, where responsibilities are derived primarily from the compensation structure of this takes place against that state. Liability for the individual judge (Magistrates purpose will undoubtedly equip them and load of specific insurance) will be invoked, as for physicians in cases of incompetence, negligence and gross negligence. We will revisit and streamline
codes and simple violations of rules (when they do not relate or lead to more or less serious damage to property or people) do not constitute more as crime and will be subject to financial penalty with the obligation to fulfill, not just imposed, the fine (It is possible the return of all or part of the penalty appeal after the full responsibility of the offender).
The possibility of appeal, examined in the appropriate locations, will be granted only under certain conditions as well as acquittals can be appealed only in the presence of strong and convincing evidence that adds to the previous trial and the more stringent will be the additional elements of guilt or exculpatory evidence to proceed to the third degree of proceedings so that it will ease dramatically the number of processes.
going to be a self-governing body consisting of judges with Party representatives appointed by the Parliament and partly by the courts (innovation) part of the President of the Republic (the three independent powers of the State) will choose among them persons of high competence of the legal framework. The latter shall be to ensure the functioning of the judiciary in respect of the autonomy of courts and laws in progress and will be set up within it (innovation) is a college for civil and criminal liability of the judge who will but only in first instance by the citizens' complaints.
parliament will also be given the opportunity to prepare guidance documents that will be targeted for self-government body of magistrates with regard to crimes that they may arouse in some time, social alarm so that body can develop in concert and not in conflict with the parliament the necessary adjustments in the judicial apparatus.
Except for specific serious crimes against the person or against society (murder and serious corruption), in order to reaffirm the autonomy of each other, the court will not be pursued (though you can investigate marked confidential until the trial) a national parliamentary (immunity parliament). It will also be obliged to Parliament that concluded its term, ask the opinion. In this forum will also use the tests that may be collected during the period in which citizens play the role of parliamentary and they can be made public in accordance with legislative requirements, and only once fulfilled the Member will, if he thinks, return to work at a political party and / or running for any political office. In cases of doubt for acquittal major crimes against the community such as corruption or membership in any way a criminal organization (mafia, Camorra, Ndrangheta, Sacra Corona Unita, etc..) Should inhibit the ability to stand as a political representative of the community at all levels.
useful because such a reform of justice can proceed expeditiously to be a simple revision of electoral mechanisms and the application to go in this sense: It will be
prohibited persons convicted or awaiting trial (and only for specific cases which will be indicated, such as corruption or membership of criminal organizations) be a candidate for any political office. Voters will be able to choose possible candidates to be elected through the primaries of the college or at least through the release of the preference vote.
A reform that goes in that sense I do not think that would need to bother our constitution and if the uncomfortable point would be located in some numbers in Parliament to pass and could go and I think that would be sent to the bipartisan consensus of all citizens the right and left thing, let me, should be still the fundamental aspect of any law (the laws of the parliament should not be neither right nor left, but always be the meeting point between the two thoughts between citizens both present note).
The only objection that could be something, if anything, the corrupt and corrupting and all those who habitually commit crimes. I believe such a reform would lead to a real simplification of the practices of justice that all say they want to pursue the interests of citizens first and quickly to finally have justice.
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