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the court speaks only with the judgments of 2

I had just condemned the interview on a judge's ruling and the ruling of Appeal Judge and I had just annotated with these words: "I suppose, of course, a good journalist has also asked the Judge any reply to his observations of the Appeal. But I want to imagine a more serene appeal court that a journalist has denied any reply: he, yes, it will just talk ... with the sentence ", which arrived on time but the denial. On the morning of today May 27, 2007 appeared in the interview (accompanied this time by vain photos) to the President the Court of Assizes of Appeal, Mr. Wolf ... again, never had seen the media and public anticipation of the reasons for the sentence: "Savior did not want to kill Anna, this is obvious, they were childhood friends . Julian was target of an ambush. It was a tragedy for him, who was then only twenty years ... "Yet we have the responsibility for Salvatore Giuliano reaffirmed and how, eighteen years are not few, not we met. Prevailed a belief, a more severe penalty, and unjust, it meant returning sooner or later attributed to the Camorra. It will also be a Julian, but the rules apply to everyone and if the sentence were to be respected in full, we would have an exemplary sentence. " And then the explicit recognition that he had fallen into the trap and the usual media critichetta the legislator, "because if you comment on the sentences, do not see why we can not raise doubts about a law: the cancellation of three years would not let Julian 'have given us the pardon is not our invention. The legislator with the pardon was wide sleeves. It was very simplistic and do-gooders of sleeves. The legislature should think and possibly exclude the most serious crimes, he did not and we can not that enforce the law. The rules apply to everyone. If we include other discounts and benefits (good conduct rules), this certainly does not depend by the court. " A
when the interview to Judge of the Supreme Court?

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the court speaks only with the judgments of lawyers to school by a magistrates

"We express ourselves with the judgments of courts," said the President of the Court of Assizes Justin Gatti, but, unfortunately, and betraying his speech, said in an interview that before the morning of May 18 2007. And the interview, but my short memory, marks an unfortunate news: never a judge had failed to publicly criticize their colleagues to be reformed on appeal his sentence, let alone what is occurred before they were deposited the reasons or even that the sentence was passed in res judicata (an opportunity, in this case, there was the ruling by the Court of Assizes of Appeal of Naples, which was reduced the penalty to the accused of the murder of poor Annalisa Durante excluding the aggravating circumstance under Article. 7 L. 203/91).
"repeat the same sentence, do not change my mind ... waiting to read the motivations of colleagues, but I remain convinced of my choices ... I'm curious, as I said, curious and perplexed in attending the motivation."
Now that our good President is curious is fact of human nature and there is also pleased to learn from the newspapers. Then he is also "perplexed" the decision of the Judges of the Court of Assizes of Appeal and that this "confusion" He should give cognizance public to leave, this time, we really perplexed. Even more so when we read then, by His word, that "there is an appeal hearing, the trial lasted a month ... then I want to emphasize one thing: the problem dell'aggravante the mafia there are a thousand times and in places we do not can be deleted. Even in light of the pardon, that our enlightened legislature to ensure those who commit a murder like that. "
Beyond the latter Incidentally, in itself, is of enormous gravity because a judge is saying publicly, however, ironic take on the Legislature, having recognized the existence of an aggravating circumstance exists also in order to deprive the applicability, in this case, a benefit, such as amnesty for the accused, standing a betrayal of the premise: "we express ourselves with the judgments of courts."
Bravo President, why did not limit his right to express themselves and severe sentence? Does creating, at least, uncomfortable with the interview? Or maybe it is all too aware of? I guess, of course, a good journalist has requested also to the appellate court any reply to his comments. But I want to imagine a more serene appeal court that a journalist has denied any reply: he, yes, it will just talk ... with the sentence! Even the Minister of Justice Mastella, on the morning of May 19, 2007, has annotated with dignity: "I can not but respect the autonomy and independence of the exercise of jurisdiction" ... President meditate, meditate.

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Il Corriere della Sera Tuesday, April 17, 2007, in an article by Luigi Ferrarella tells of an initiative undertaken by the Council of the Bar of Milan and some local judicial offices, "Convention for the training and guidance of practicing lawyers," brought to the attention of the Ministry of Justice and the CSM. In essence, we learn from the Corriere della Sera, "the profession of lawyer ... you will learn (also) going to school for a year by magistrates. The second year, to be exact, the two of forensic practice that every aspiring lawyer today has to do with a law firm ... The relationship between mentor and trainee will be customized: each trainee lawyer will be assigned to a single judge. " Always adds to the Corriere della Sera that "no hides the news is so special that they can even be shocking ... and in fact, the project promoters have tried to take all the precautions ... experimentation, for example, will not start in the field of criminal law "(!? sic?).
Now, beyond the latter recorded (excluding the area of \u200b\u200bcriminal trial), which, frankly, is not understood, then even if it is expressly provided for the practitioner's inability to participate in "closed session", the prohibition for the future of audience in the same process and the obligation of professional secrecy, does not hide the fact that the project lives of noble ideals. Of course, serious questions arise already (and apart from anything else) about the 'custody' of the individual practitioner to the individual judge: you really imagine what those lawyers in Naples, Rome and other areas in which practitioners are lawyers, numerically, about fifty (exaggerated? ) times the number of magistrates on duty ...
But the reflection that we tend to do immediately is quite another. Why not propose a "Convention for the training and guidance of the auditors of justice" by which, with all the attention, guarantees and future incompatibilities that you want, you provide the opportunity for young judges to spend a period of their audience at a law firm playing the role of a practicing lawyer? Even assuming that some judicial hearing officer, before winning the contest, played forensic practice, probably a vulgar refresher of the role and function of the defense certainly can not hurt him, but ...

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the recipe of the Attorney General

The Attorney General of Naples (after the Prefect) has expressed his views on the role and responsibilities of the bourgeoisie over the grave situation in the city of Naples. We report a significant excerpt of his speech on the Corriere del Mezzogiorno of Wednesday, April 11, 2007: "... all you need to rediscover and relive the group's talents, body that once made the concept of dignity, of which today no one speaks. We decent men we have encountered in our age-old profession, men of humble, poor, and sometimes criminals, however, able to live up to their moral principles, to make sacrifices for what they thought was right ...". But
'atavistic problem of Naples was not precisely to justify the criminals and always with the usual old story but men are still able to live according to their moral principles and to make sacrifices for what they believe is right? This is not the stereotype of' man of honor, guappo the neighborhood, "bad teacher" in the history of what ultimately would become the Camorra? Which of these men criminals sometimes the Attorney General, as decent man, he has encountered in his age-old profession has no doubt is and has been its institutional role to meet to pursue them or judge them. But these men criminals sometimes it would take as to rediscover and revive the group of qualities that once made the body in the concept of dignity ... still some serious concerns.

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rebellion or subversion?

What's more ... learn (see Money / Light of the Law Wednesday, 28/03/2007) that the functionality of the Courthouse at Centre of Naples, <>: it will certainly a hoax! You can not believe that, with all the problems to be resolved, the concern of our President is ... noo, Mr. President, you can not believe it is a hoax, tell us ...

What's more ... learn (from voices of the people) who would be in the process, or at least planned, a transfer of Criminal Justice of the Peace (throughout its hearings et) from the courthouse to the old Castelcapuano. Voice of the people God's voice, they say. Nah, this is a hoax as well ... Want to see that while civilians struggle to be "deported" to the Palais de Justice of the Centro, we have to start a fight in order not to decentralize our facilities? Do you want to see that in the end, we have to return to criminal Castelcapuano? Nah, it's a hoax ... or not?

What's more ... we learn (again from voices of the people), as a result of dispute between lawyers and police on the municipal parking chaos, the municipal police (or whoever it) inhibited by 28 March every opportunity to park bikes and the like in the vicinity of the Palace of Justice. What is this? Retaliation? We already had the clerks that we made life difficult with the hours and days to deposit copies or withdrawal requests and the like ... We have prosecutors with the times and days of receipt ... We feel the feeling that the court also began to entertain a certain discomfort for advocacy ... We had just suffered the hard knocks of Bersani and design Mastella ... and now even the local police not to take to approach the Palace of Justice. I just do not want among us ... wheels!
Revolt or subversion?

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the blame is always the enemy of the lawyer

... a popular and important politician with institutional responsibilities of the highest prestige and power, pressed by the prosecutor who accused him of abuse of office, fraud and fraud in public supplies, clear you naively believe that by supporting ... yes ... actually he has signed, in quality, all the ordinances relating to omission ... but he signed without reading, without considering the merits ... "I've never considered the merits but all I have to sign ... "Acts were prepared by the property ... previously considered by Tom "... "My vice ... had to obtain the legal opinion of the Advocate Tom first to undergo an order signed by "... "I gave simply assumed that the measure possessed a legitimate activity while not having examined the documents ... "I repeat I have not read the contract I have signed"!
Now, you think:
or who, subjected to interrogation report, which is to be investigated, real facts, and then, by streetwise politician with institutional responsibilities which, even if he takes political responsibility (immediate resignation!)
or, grimly and with childish "blame game" is slandering his counsel Attorney Tom (= awareness slander innocent people accused of knowing ).
Of course, we do not know which of the two hypotheses is the most severe.
the politician or the surface of political cunning (for wanting to be and remain good).
the bitterness that remains then, ultimately, the blame is always ... Advocate!

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process

The forum's website UCPI we discussed "death penalty" and "due process" and also the possibility of celebrating the so-called "trial of the enemy." I thought it was appropriate this brief reflection:
<>, would answer with another question: in a society where you have to include (before or after a historic turning point date) winners and losers, is it possible to speak not only of "due process" but an absolute "process"? The victory (or the same classification as winners and losers ") requires a" war "at least a pathological phase of a democracy, and there may be a process, a" fair trial "without democracy? Neither process is not what we celebrate today's winners or losers in respect of what we celebrate today the winners against losers. Was certainly not "process" (let alone, in fact, "due process") the farce of the Nuremberg and nor were the other farces which is full of history. These farces that are defined processes are useful only groped to give legitimacy to punishment that war, whether right or wrong (if anything can be defined as such a war) requires. It is no less a hypocrite who justifies certain atrocities with the clichés that everything is permissible in war? There can never be a "process" when players are called losers and parts and winners.>>

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pardon process

Already the CSM had warned that, as a result of the pardon, nine out of ten judgments will be empty, but the CSM is allowed to make policy and force an amnesty letting the theory of the uselessness of the processes and the assumption (in fact say that nine out of ten judgments will be in vain) that the processes serve only to issue convictions. What is puzzling is the emergency response on the issue, our (Naples) institutional-legal representatives when they have given interviews to newspapers on November 8, 2006: Attorney-General and President of the Court.
Well, maybe by the Attorney General, if only in his capacity as representative of one of the parties to the proceedings, the reference, not-too-veiled, or rather, to useless in the prosecution of which the ' impact of the pardon would be strong, no wonder.
But if one of the greatest institutional representatives of the Jurisdiction, the President of the Court, notes that "... we (the judges) have to work to empty ... "(The Morning)," ... forced to work for unnecessary processes ... the amnesty is in fact the only measure that at least allows you to close unnecessary processes and devote greater intensity to be treated ... "(Il Corriere del Mezzogiorno), the message to the public, however, from a source highly qualified, that comes out is clear: the processes are, in fact, useless.
Now, the doubts are due precisely to the reasons underlying the process considered pointless. First, the bearers of such a theory, it is considered, identify the necessary process as a means to enter into sentencing, forgetting perhaps that the process, although "indult," would be useful, for example, to establish, however, his innocence of the accused! By then, they apparently intend to process only in the sense of encouragement for the execution of his prison sentence, forgetting, perhaps, that, beyond the assessment of the truth, this process, as well as "indult" could, for example, to recognize the rights of victims that though, poor things, a certain expectations (not least economic in nature) have towards the forthcoming ruling! Still, flying to and thought processes in relation to crimes involving violations of building codes or zoning, forgetting perhaps that the process is also useful for its effects on regional planning, etc. ..
short, let us say frankly that it demeans the jurisdiction to define publicly the process futile and we debase the Jurisdiction may be considered relevant only in the execution of the sentence and not ascertaining the truth of the case or innocence of the accused, that it demeans the jurisdiction does not consider the process useful for the protection of injured parties and we demean that courts may be attacked by a sense of futility of their work just because of their conviction, in nine out of ten trials, will not run. Pass the theory that a process, just because "indult" is useless operation becomes dangerous: it may lead to the conviction of the futility of all processes in which the court may grant probation ol'inutilità Process "at risk limitation" for wanting to be provocative ... We have to participate in
degrades unnecessary processes. We have to participate to be debased. Or, perhaps, if the public has understood the message, it demeans not be parties to the proceedings even more why not call the customer: sure ... if the process is useless ...

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& uselessness of the abstention from judicial hearings

Last abstention from hearing appeals again proclaimed a starting point for reflection on the usefulness and the ability of this form of struggle (as at present limited in its implementation modalities: self-regulation, law on strikes professionals, etc.). to give voice to the various claims and protests of our class. They can be transposed to the cries of pain from political advocacy and civil society?.
Well, let's face it all.
The "civil society", until they fail to understand is that our "freedom struggle" for the citizen, will never follow our demands we will continue to not enjoy popular support, not deceive ourselves!
The "politics" has nothing to fear from a category that, in its forms of protest, however, continues to "participate" in life where judicial there is a need (for example, processes with detained defendants or by ensuring the presence of the defender's office, all hazards emergency procedural notes) has nothing to fear, especially when the consequences of abstentions were now reinforced by legislation or case law which eliminate the effects (suspension of limitation periods, custody, etc.)..
Abstention from the hearings, which, incidentally, is not "strike", no longer produces any effect.
The feeling is that we should move on to other forms of protest, the identification of which is not easy. And this is due to real and substantial lack of unity, the lack of institutional representation, these elements, which together lead to the individual practitioner does not have the "courage" of the action-reaction, although it is blatant. E 'can now begin to talk about "abstention from the profession" as an alternative to "abstain from hearing"? E 'possible to propose a total ban on defense activities, even if they are right and necessary and essential? E 'unthinkable to convince colleagues that an effective form of protest must necessarily come to terms with the sacrifice of the profession, even when it is the duty waiver of all activities professional exclude from participation in hearings (think, for example, the preparation and filing of complaints-complaints, pleadings, motions, prison visits, interviews, and more you have, and so forth)? E 'can clear all the lists of the defenders of the office and take risks, where "mandatory", the complaint for interruption of public service because there was still refused to sponsor?
If the system is broken does not work!
If we insist (rightly), for example, want a separation of careers between judges and prosecutors because, wanting to simplify, the current prosecutor, finquando is "connecting" the judge, in substance is not "part" of the process, we must have the courage to not even be our "Party" (single sic) of the process: we must not participate in that process, whether or not a load of prisoners. Because if we believe that the process, although for this reason, it is a farce, then we must draw the consequence of this farce that we (especially the interests of the shop!) We are the main actors. To give last link in the chain: the accused or the victim, the hapless citizen who, however, ends up in the justice system.
If, for example, now we complain that the appeal process has become a mere agreement on the penalty, not just a market years or months of imprisonment, or faces a battle aimed at eliminating the second instance on the basis that it is useless (well, useful only to the usual interests of his pupils), or no longer participating in this latest farce.
If, again, for example, we complain that every time you go to knock on the door of a public prosecutor receives the response that he can not receive "because he is working" (and we're doing that?) Or "receives 12 to 12:30 and 11:59 as soon as they are, or continue to wait on your back or cease to be his partners, but in all senses! Lawyer or have no need to process anyone? To their work if the system is formally perfect (judge, prosecutor and lawyer), but if the lawyer fails, as they wield power? Today, we are constantly buffeted
.
arrive in the morning to the courthouse and looking in the designated parking spaces, we are forced to park cars or motorcycles on public roads or on sidewalks waiting for the fine for no parking: first slap!
We are going to climb towers with elevators and closed doors of some of them because we are prohibited from using dedicated only to "transfer power of attorney": according to slap!
We are approaching to the secretariats of the urban section of the prosecutor's office and there are signs that require us, not even invite us, of speaking to the staff only from 12:30 onwards: the third slap!
We need to withdraw copies of a file, but they necessarily can be withdrawn only on Tuesdays and Thursdays at tot tot at: Fourth slap!
We need to talk with the deputy prosecutor guy today because his secretary told us that his days of receipt, but unfortunately, it happens, just today "can not be disturbed because it is studying the hearing for tomorrow (and there anxiety is also why we must study the hearing for tomorrow but we are losing time in court): Fifth slap!
Let's go into closed session to find out, at least, to which can now be called our process, but invite us to wait because they're sipping coffee offered by the prosecution: sixth slap!
We read in the pleadings transcripts of intercepted telephone conversations with our customers, irrelevant in terms of the case but not expunged: Seventh slap!
The prosecutor in his indictment says that the exceptions raised during the defense process by the defenders of the accused has the symptom "that the process had to be done" (episode really happened): Eight slap!
How many more blows can be added ... But it is perhaps time to levarceli from the face?

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Democratic

On the site of the Democratic Judiciary on October 16 was released last action of the Secretary General Ignazio Juan Patrone entitled "16 October two thousand and five, plus one." The invitation is to read it (and for this reason there is offered in full below). The concern lies in solving the problems identified above and in the tones used in the following passage: "... The fight against crime, as in Calabria in Sicily, in Puglia, as in Campania, does not need" emergencies "and promises but the facts of a multi-annual programming and a favorable political climate and cultural, all things that today do not seem exactly top-of-mind of the rulers of public affairs ... A question arises: we have done enough ?..." What is the "political and cultural climate favorable" that it is hoped, if not the majority and the national government meet current MD? The magistrates in power?
Read:
"On October 16, 2005 Dr. Fortugno was killed in Locri. Calabria and the murder seemed to shake the country: all the major newspapers published extensive services on the region's economy assisted on that system health where the victim lent his work. The boys of Locri, which demeans all witnesses of backwardness and punishes all, they became the guests of honor at party events and television broadcasts. That white banner and the cry "Now kill us all" seemed to break through the wall for a moment of silence and resignation. Some colleagues warned: beware of the politics of the spotlight, Calabria is shrouded in silence, Italy seems to stop in Rome and the crime here is no audience: is there and you know. It 's a story that you play, so much so that today is news that anniversary or on inside pages in the queue to news, but only because the prime minister lays a bunch of flowers-think comes from a company suspected! - And the President of the Republic requests information, via the Prefect, on investigations. They were right, we're not in 2006, we are still in two thousand and five, plus one. And justice? Calabrian offices suffer more than others from a crisis that seems unstoppable. We expected very different policies, but everything seems to stop, blocked by political interests, Roman and local that converge to paralyze any initiative, any project. The fight against crime, as in Calabria in Sicily, in Puglia, as in Campania, has no need of "emergency" and promises but the facts of a multi-annual programming and a favorable political climate and culture, all of which today seem exactly on top of the thoughts of the rulers of public affairs. The CSM was limited by her (despite the loud calls of Md and Movement) to a visit to Reggio (but not in Catanzaro) of the Seventh Commission examined some situations, but when the decision is split according to the "usual majorities" and there was no way, despite our efforts to reverse the routine. A question arises: we have done enough? No, in front of a national tragedy such as the Calabrian (and Sicilian, Neapolitan or Pugliese) is never enough. Whole areas of the country are under the control of crime and the judiciary and its self-government can not simply rely on (as is sacrosanct) defaults others, the Government or Parliament, but must also look inward. We are confident that the new council does not reproduce the logic of the majority of the former and that you can quickly take concrete steps to Calabria and to all the districts where the crime takes on dramatic aspects. Today, in the "plus-one", are still present the words of a document of our Chamber of Reggio is necessary to involve everyone in the innovation processes of organizational and operational strategies for the development of new, efficient, because only models shared and participatory can provide adequate response and sustained organized crime and the culture it expresses that it is necessary to think a long-term strategies-and not only for the criminal-a project that will dispel the listless and lazy attitude in the management of many offices and the temptation to delegate only some of the strategic and operational responsibilities, enhancing the role and capabilities proposals of many colleagues who simply and quietly, have the jurisdiction for the benefit of the community, facing - without being intimidating and without sacrificing the normal - a criminal presence without peer. To those colleagues, under pressure of any kind and forced to work under conditions that it is difficult to imagine being elsewhere, it's all our estimate. It 'certainly not, but at least know who is sincere, as a commitment non-emergency situation against crime and for the legacy we want to keep up. "Ignazio Juan Patrone