“Reforming justice is now possible”
Canzio: “Reforming justice is now possible. Humanistic culture remains central “
ANDREA ROSSINI – With the arrival in San Marino of Giovanni Canzio, first president emeritus of the Court of Cassation, justice has changed gear on the Titan. The refined jurist and author of rulings that have made epoch has given impetus to a reform that looks to Europe, paraphrasing the title of his latest book, however, which focuses on Italy. (…)
Let’s start from your role as manager of the Court of San Marino, the first numbers are already positive, but what are the timing of the reform? “The working group on changes to the criminal procedure, comprising professors and magistrates and which saw the involvement of the lawyer, delivered everything before the summer. Parliamentary discussion is already underway, in parallel with the other proposal for a complete reform of the judiciary. I believe that both reforms could be launched between the end of the year and the beginning of the next, given that for March 2022 compliance monitoring by the Greek group of states against corruption is already set ”.
What are the main changes in the criminal law? “There are various measures that tend to make procedures more efficient and faster as well as to broaden the defensive guarantees that were previously neglected. Three of the first, for example, is the proposal to introduce the plea bargain, the tenuousness of the fact, deflationary measures, alongside the streamlining of procedures burdened by scaffolding dating back too many years ago, such as the cumbersome one due to the recusal that forced the suspension for months of the process on the Mazzini account “.
The referendum on abortion is another turning point. “I did not know this crime existed in San Marino: that things went as I think they will go and that a figure of crime has been canceled that among other things, I was told, had not been applied for decades”. (…)
What is your opinion of the Cartabia reform? “A very positive judgment, because it was able to restart a car that was beginning to be asphyxiated. It’s the only time it could be done. On the one hand, the pandemic has brought out all the shortcomings, but on the other hand it has led us to a potential reconstruction which, above all through the funds of the NRP, is able to offer those resources without which every reform cannot walk. It becomes possible to hire thousands of young people and modify structural aspects only thanks to the miraculous and extraordinary addition of financial resources: if you want, you can finally make an important turning point and the Cartabia reform captures this aspect. It starts from the criticalities of the system and introduces fluidity and flexibility as well as important financial resources. All this makes me imagine a phase in which we must start again towards a greater authority and efficiency of the jurisdiction: it is a bet that today is the time to make “.
With a certain degree of optimism, you also hope for a cultural reform that focuses on actors with a legal culture, but also a scientific and humanistic one, especially judges. “I am inclined to see the glass half full and I place myself proactively towards the future and the new generations, in step with the digital revolution. But it is the Cartabia reform itself on the one hand that involves young people (after the experience of internships in judicial offices has proved to be excellent) and on the other that exalts the figure of the judge. The first part focuses precisely on the rebalancing of relations with the public prosecutor, even in the investigation phase. Serve trained staff. The legislator has developed tools that need to be monitored and made to work. What I hope is that the aspect of culture in general will not be lost sight of. Losing sight of humanism would lead us towards a mere digitization and a mere efficiency “. (…)
Article taken from Courier Romagna
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