The criminal justice reform signed by the Minister of Justice Martha Cartabia obtained the definitive go-ahead from the Chamber. The text thus passes to the Senate, but the government has already armored it in Montecitorio with trust and everything suggests that it will do the same in Palazzo Madama.
The law is one of the regulatory interventions requested by Europe in exchange for the aid linked to the Next Generation Eu programme. The main objective is to reduce the average duration and number of criminal trials by 25%, in order to speed up and make Italian justice more efficient.
THEpolitical agreement it was particularly laborious because the Cartabia reform counterbalances the Bonafede law, which eliminated the prescription in Appeal and in Cassation (an intervention strongly desired by the 5 Star Movement, conceived with the yellow-green majority and definitively launched with the yellow-red one).
Here is, in summary, what the Cartabia reform foresees.
THE UNPROCESSABLE
The stop to the prescription in Appeal and in Cassation introduced by the Bonafede reform remains, but in fact it is sterilized with a "declaration of inadmissibility" which is triggered when a time limit is exceeded.
In particular, regardless of the statute of limitations, the criminal trial is interrupted after two years in appeal and after one year in cassation.
However, imprescriptible crimes (those punishable by life imprisonment) are excluded from this mechanism and for some particularly serious crimes the period of time beyond which the admissibility is triggered rises to three years on appeal and 18 months in the Supreme Court.
There are also two fixes:
- a suspension of the terms for the estoppel (which follows the one for interrupting the course of the prescription);
- the safeguarding of the civil effects of the convictions in the first instance, which remain valid even if the non-admissibility is triggered in the Appeal or in the Cassation.
To avoid leghold traps, the law will also lead to the hiring of 20 more people, including 16.500 assistant magistrates.
REFERRAL TO JUDGMENT
But the Cartabia reform also modifies the rules on indictment, which can be requested by the prosecutor and ordered by the judge only in the presence of elements that suggest a "reasonable probability of conviction". The objective of the measure is to reduce the number of trials, given that today in Italy 40% of proceedings end with an acquittal, a level that is too high and costly.
Furthermore, new rules on restorative justice are envisaged (the voluntary paths to reach a reconciliation between victims and perpetrators) and the extension of the possibility of probation for defendants and convicts who lend themselves to "reparation" projects.
ENTRY INTO FORCE IN STAGES
Finally, the perimeter and implementation times: the Cartabia reform will apply to trials for crimes committed after 2020 January XNUMX and will enter into force gradually. Here are the steps to remember.
Until 31 December 2024:
- Longer terms are envisaged for all processes: three years in the Appeal, one year and six months in the Cassation. There is a possibility of a one-year extension on appeal and a six-month extension on the Supreme Court for all ordinary trials. Against the order of extension it will be possible to appeal to the Supreme Court.
- The duration of trials for crimes of mafia-type association, terrorism, sexual violence and drug trafficking can be extended without limits, but the postponement must be justified by the judge on the basis of the concrete complexity of the trial.
- For the mafia aggravating circumstance, up to two further extensions are envisaged compared to the standard one, therefore the maximum time reaches six years in the Appeal and three years in the Cassation.
From January 2025, XNUMX:
- In Appeals, trials can last up to two years plus one extension, while in Cassation the limit is one year plus a six-month extension.
- For the most serious crimes (mafia-type association, terrorism, sexual violence and drug trafficking) there is still no limit to the possible extensions, but they must always be motivated by the judge and can always be appealed to the Supreme Court.
- Due to the mafia aggravating circumstance, the possible extensions drop to two, therefore the trial cannot last more than five years on appeal and more than two and a half years in the Supreme Court.
