Criminal process reform at the starting line. On Thursday, the Senate gave the definitive green light to the enabling law with 177 votes in favor and 24 against. The day before, the Assembly had approved the confidence issues raised on the two articles that make up the bill. Now it's up to the government, which has one year to complete and implement the provision with one or more delegated decrees. Several innovations will be introduced to respect some of the commitments undertaken by our country with the National recovery and resilience plan (against which we will receive over 190 billion connected to the program Next generation Eu). The draft enabling law for the reform of the civil trial, which two days ago was approved in first reading in the Senate and is now being examined by the Chamber, also goes in the same direction.
But let's go back to the reform of the criminal process and take stock of the main changes to come.
CRIMINAL PROCESS REFORM: HOW THE PRESCRIPTION CHANGES
The most controversial intervention concerned the prescription, because he saw two opposing interests: on the one hand, Europe is asking us to reduce the duration of trials by 25%; on the other hand, the 5 Star Movement (the most represented party in Parliament) does not want to humiliate the recent Bonafede reform, which blocks the prescription after the first instance sentence.
The compromise formulated by the new Minister of Justice, Marta Cartabia, maintains the stop to the M5S prescription, but in fact circumvents it, introducing a "declaration of inadmissibility” which takes place after two years on appeal and after a year in Cassation. Only for the most serious crimes (including corruption, extortion and other crimes against the public administration) the time limit is higher: three years in appeal and 18 months in cassation.
There is also a suspension of the terms for the estoppel which follows the one for interrupting the course of the limitation period.
In legal terms, the difference from the past is that the prescription extinguish the crime, while the disclaimer doesn't: it just blocks the process.
For the imprescriptible crimes – such as those punishable by life imprisonment – there is still no limit to the duration of trials.
As for the civil effects of convictions in the first degree, remain unaffected even if the inadmissibility is declared in the Appeal or in the Court of Cassation.
It flies, i implementation times. The rule concerns crimes committed after 2020 January 3 and will enter into force gradually to give the judicial offices time to organize themselves. For the first 4 years, the terms beyond which the eligibility will be triggered will be longer: up to 2024 years on appeal and up to two years in the Supreme Court (including extensions for the most serious offences). From XNUMX the new discipline will come into force.
NEWS ALSO FOR THE REFERRAL TO JUDGMENT
The second most important change envisaged by the reform of the criminal process concerns the indictment, which can be requested and ordered only if the prosecution has collected elements that suggest a "reasonable probability of conviction".
Also in this case, the goal is to make justice times shorter: the new formulation serves in fact to deflate the courtrooms, reducing the number of trials. To date, 40% of the proceedings result in an acquittal: a level that the executive judges excessively high and expensive.
FEWER PRELIMINARY HEARINGS
THEpreliminary hearing it will be limited to particularly serious crimes and, in parallel, the hypotheses of direct summons for trial are extended. The judge will have to issue a non-proceeding sentence when the elements acquired do not allow a reasonable prediction of conviction.
TENUITY OF THE FACT
In order to reduce trials for minor offences, the cause of non-punishment relating to the "tenuousness of the fact” will be applicable to all crimes with sentences of up to two years in prison.
DIGITIZATION
Again with the aim of cutting time, the reform of the criminal trial provides that filing and notification of documents can also take place electronically.
SUBSTITUTE PENALTIES
The trial judge will be able to apply substitute penalties (so far the exclusive competence of the surveillance magistrate) in cases where the sentence does not exceed four years of detention. The novelty concerns semi-freedom, home detention, works of public utility and fines, but not the suspended sentence.
