The reform of the criminal trial and prescription in the Council of Ministers.
Mario Draghi, in line with Marta Cartabia, tries to close a very delicate chapter for his majority and unlock a game that proceeds more slowly than expected.
The package of proposals of the Minister of Justice should be discussed (to be politically armored) by the government at the meeting of the CDM scheduled for Thursday.
But on the passage - which could slip up to the end - hangs a huge unknown: a part of the 5-star Movement is ready to rise up against the proposed limitation, which 'saves' only the part of Bonafede's text. "Anything could happen about the reform," says a pentastellate source. And so until the very end we are working on further mediation, to de-mine the discussion in the CDM and avoid a sensational split and the risk of a vote against the M5s.
The reform of the criminal trial is still in committee in the Chamber (expected in the Chamber on 23 July), while the work of the reform of the civil trial in the Senate is more advanced - but also slowly. Then it will be necessary to put a hand to the reform of the CSM. This is why Draghi and Cartabia, who would have had several contacts during the day, decide that it is time to bring the government's package of amendments on the criminal trial to the CDM. Enough postponements: the passage to the Council is not a must, but the go-ahead of the ministers serves to strengthen the parliamentary process. And so the Minister of Justice on Tuesday sees the representatives of the parties one by one and illustrates her proposal. A control room is assumed before the CDM, but it is decided not to keep it, also due to commitments on the Cartabia prisons:the Council of Ministers will be the political forum for discussion and confrontation between the various souls of the government. There are those who also hypothesize two steps, with a first round of the table and then a second for approval, but executive sources consider the hypothesis remote.
The intervention is substantial, ranging from the indication of some stakes for the appeal (a first hypothesis, discarded due to the opposition of the parties, provided for the impossibility in some cases for prosecutors and lawyers to appeal), to the report to the Parliament of broad criteria for criminal prosecution. And then there is a full-bodied intervention on alternative rites. Matteo Salvini, having heard Giulia Bongiorno, let it be known that the set of proposals is fine but - he says - we must "avoid the decriminalization of some crimes, starting with corruption". But the prescription is the most sensitive issue, because the latest reform was made by the Conte government, minister the pentastellato Bonafede. The Cartabia proposal provides for 'saving' the reform for the first degree, with the expiry of the substantive prescription,while for the subsequent degrees to introduce a procedural mechanism of "inadmissibility": two years to close the appeal, one year for the Supreme Court, after which the process is closed. There are no penalty discounts for the convicted person, while for the acquittal each proceeding ends. End.
In the M5s, however, this hypothesis creates confusion and when the undersecretary Anna Macina refers the proposal to the parliamentarians who deal with justice in the morning, present the M5s head of delegation Stefano Patuanelli and the former minister Alfonso Bonafede, the objections are expressed forcefully. "The only solution is to postpone, take time", says a source at the end of the meeting, even if the Five stars deny having asked Cartabia for a new postponement. But since Draghi and the minister want to close the game, a mediation is sought until the end, which avoids splitting a movement already in great difficulty and averting the wall against wall that could lead to the negative vote of the ministers in the CDM. The confusion is such that thereit is who does not exclude that the M5s ministers (expression of different souls of the Movement) go in no particular order: pentastellate government sources exclude it, the ministers would all be working to mediate. But in the evening, the negotiation is underway, a solution is not yet seen. We try to convince Bonafede and the more barricaderi parliamentarians: on justice, the rift between contiani (harder) and grillini (softer) seems to be repeated. The M5s has asked, according to pentastellate sources, to remove all limits to the appeal for prosecutors.on justice, the split between contiani (harder) and grillini (softer) seems to be repeated. The M5s has asked, according to pentastellate sources, to remove all limits to the appeal for prosecutors.on justice, the split between contiani (harder) and grillini (softer) seems to be repeated. The M5s has asked, according to pentastellate sources, to remove all limits to the appeal for prosecutors.
The Democratic Party claims to have collected, on this as on other points, the go-ahead to his proposals and also Leu with Federico Conte defends the choice of procedural prescription. But Dem and Leu want to mediate with the Movement, to avoid fractures with the former allies: "On the term of phase and for example its shift for particularly complex processes, a square can be found", says Alfredo Bazoli. "The Bonafede reform is going to the attic", Enrico Costa rejoices at Action. But the game is not over yet.