This proposal was submitted in the Supreme Court by the Italian Radicals September 4, 2001
Proposal "Separation of the careers of judges"
REPORT with this bill is to eliminate the popular initiative is one of the most important anomalies and peculiarities of the judicial Italian than any other liberal Western democracies , Namely the ability of the individual judge to move from the trial stage to the prosecutor, as currently established by Royal Decree dated 30 January 1941 n.12.Tale decree provides that judges, on simple request, and a favorable opinion of the Supreme Council the Judiciary, may pass without distinction, in the course of their careers, from the functions of judges (judges) for duties of prosecutors (magistrates - not judges - that carry out functions of public prosecutor) and viceversa.E ', this current , legislation fraught with negative consequences for the image and the actual impartiality of the judge than the parties to the proceedings, the latter element essential for the perception the legitimacy of the judicial process by those involved against his will. It also seems inconsistent with the adversarial process model provided by the CPP in 1989, and does not appear adequate to ensure the necessary preparation to carry out specific functions, those judges and prosecutors, by definition, very different, and requiring a different "form mentis "guarantor, impartial, third parties between the judge, the same part of the criminal proceedings, the prosecutor, who represents the prosecution against the defense. From this point of view, is absolutely unthinkable that, from day to day, who fought crime on one side of the barricade suddenly be transformed into an impartial guarantor of those who may not be criminal, although suspected or accused by a former colleague of funzioni.Vietare the possibility of transitions between one or the other function is essential to balance the powers of the parties to the proceedings and serves to restore independence and pursuant to the court.
Proposal
Art 1L'articolo 190, paragraph 2, of RD January 30, 1941, No 12 entitled "Judicial Order" is repealed. After paragraph 1 of that Article shall be inserted the following paragraph: "The transfer of judges and prosecutors at the trial stage from this to that is forbidden in any case." Article 191 of the aforementioned RD January 30, 1941, No 12 is repealed.
Article 192, paragraph 6, of the aforementioned RD January 30, 1941, No Limited to 12 words: "except for this passage there is a favorable opinion of the Council of the Judiciary" is abrogato.L 'article mentioned RD 198, January 30, 1941, No Limited to 12 words: "Such destinations can be, in the opinion of the Minister, as the trial stage, as with those prosecutors, regardless of the status possessed by the magistrate." is repealed. ********************************************** This is
soaking ....................
Proposal "Separation of the careers of judges"
REPORT with this bill is to eliminate the popular initiative is one of the most important anomalies and peculiarities of the judicial Italian than any other liberal Western democracies , Namely the ability of the individual judge to move from the trial stage to the prosecutor, as currently established by Royal Decree dated 30 January 1941 n.12.Tale decree provides that judges, on simple request, and a favorable opinion of the Supreme Council the Judiciary, may pass without distinction, in the course of their careers, from the functions of judges (judges) for duties of prosecutors (magistrates - not judges - that carry out functions of public prosecutor) and viceversa.E ', this current , legislation fraught with negative consequences for the image and the actual impartiality of the judge than the parties to the proceedings, the latter element essential for the perception the legitimacy of the judicial process by those involved against his will. It also seems inconsistent with the adversarial process model provided by the CPP in 1989, and does not appear adequate to ensure the necessary preparation to carry out specific functions, those judges and prosecutors, by definition, very different, and requiring a different "form mentis "guarantor, impartial, third parties between the judge, the same part of the criminal proceedings, the prosecutor, who represents the prosecution against the defense. From this point of view, is absolutely unthinkable that, from day to day, who fought crime on one side of the barricade suddenly be transformed into an impartial guarantor of those who may not be criminal, although suspected or accused by a former colleague of funzioni.Vietare the possibility of transitions between one or the other function is essential to balance the powers of the parties to the proceedings and serves to restore independence and pursuant to the court.
Proposal
Art 1L'articolo 190, paragraph 2, of RD January 30, 1941, No 12 entitled "Judicial Order" is repealed. After paragraph 1 of that Article shall be inserted the following paragraph: "The transfer of judges and prosecutors at the trial stage from this to that is forbidden in any case." Article 191 of the aforementioned RD January 30, 1941, No 12 is repealed.
Article 192, paragraph 6, of the aforementioned RD January 30, 1941, No Limited to 12 words: "except for this passage there is a favorable opinion of the Council of the Judiciary" is abrogato.L 'article mentioned RD 198, January 30, 1941, No Limited to 12 words: "Such destinations can be, in the opinion of the Minister, as the trial stage, as with those prosecutors, regardless of the status possessed by the magistrate." is repealed. ********************************************** This is
soaking ....................
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