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SAN_MARINO

San Marino. Amendment to the Code of Criminal Procedure, Rf: “you risk the blow of the sponge on Mazzini”

Sugar Mizzy January 30, 2022

“A few days ago a Council Commission was held which was to analyze, among other things, the law amending the code of criminal procedure”.

A remember it is Future Republicwho adds: “The silence that has fallen over this text of the law (this time we have not seen any exultant communiqué from the President of the Bar Association, or even from the majority) is emblematic and we believe that attention is needed on this episode of all citizens “.

Repubblica Futura, the note continues, “made its considerations based on some positive data present in the proposal. For example, to allow greater guarantees to the suspects. We have also planned to make changes in our fundamental opinion, such as inserting a mechanism for freedom for which the deprivation of freedom of each one, the precautionary measure of two magistrates and a single investigating judge cannot be filed; or the reduction of process segregation times. Proposals that, as always, have not passed. We do not tear our clothes, also because the beauty, unfortunately, came later. In fact, upon reaching article 7, the examination of the law was interrupted in advance because it seems “the article did not turn around” and so, during the evening break, the usual illustrious lawyers-advisers tried their hand at the amendments to the case “.

Upon resumption, the note continues, “the amendment of Repubblica Futura was analyzed, totally repealing art. 7 and there are answers that I never thought I would hear. Yes, Article 7 introduces a further degree of judgment into our criminal proceedings, the third degree. Mind you, in principle we are not against. However, what really leaves you astonished are the ways in which this impactful principle was introduced and the timing with which it was done. Indeed, it is quite likely that the innovations thus adopted also apply to procedures such as Mazzini account (who only attends the appeal sentence) and the Case Titles. It is clear that dragging a third degree of judgment means on the one hand giving the possibility of a new ruling by a judge (another chance, in short), on the other hand, extending the timeframe of the criminal proceedings, so as to trigger the prescription ” .

This, adds Repubblica Futura, “will apply to all ongoing trials, but the question we ask is: was it really necessary to adopt this change now, a few weeks after the last and definitive sentence of the Mazzini Account? What will most of those citizens answer for the next few years: when does the Mazzini Account end? Or to all those citizens who in the past have not been able to benefit from a further degree of judgment? We will try to argue – as we have already heard – that the one passed in the Commission is an abstract and general rule. There is no doubt, but until yesterday the rules to which we all had to be subject was another and provides for two levels of judgment. So why adopt this modification right now, close to the sentence, which was supposed to be definitive, of the Mazzini Account? Let’s always think abstractly – for heaven’s sake – and let’s give an example: a citizen, already convicted of serious crimes in the first degree, awaiting the second degree sentence, finds a lawyer, who is also a member of the Great and General Council, who happens to be he writes, and then votes, a law that suddenly makes the crimes of his client prescribed. What would the people of San Marino say in front of such a bleak landscape? They would speak of “swipe in the towel”.

We, the note concludes, “for now we will stop here, but in the coming days this question will have to be faced with force and it will be necessary to mention names and surnames as well. Because it is clear to everyone that this majority and this government were born only, or almost, to go back at least twenty years to the history, including the judicial one, of our country ”.

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