The judicial populism of Bonafede: the accused cannot be paid by the slowness of justice

It is especially in moments like these that we miss Marco Pannella. I refer to the release of Massimo Carminati and the inspections immediately ordered by the Minister of Justice Bonafede (recently "pardoned" on the motion of no confidence in the Senate by Renzi's political cialtronism). Inspections or intimidation of the judges who, lawfully, have applied the law? Mind you, the crime rate and ruthlessness of the subject is not discussed and we all hope that the final sentence that will be imposed on him will be as harsh as possible. But Pannella, an authentically guaranteed political leader who has never feared uncomfortable and politically incorrect battles, would not have remained silent. Allow us to venture that the radical leader would attack the Grillino minister for this latest, undervalued episode of judicial populism.

After the accusation of mafia association in the first instance trial fell, Carminati was convicted of corruption. Despite the presumption of innocence until a final sentence, in theory the cardinal principle of our system (we do not yet know how long, given the bad air it pulls), Carminati has already served five years and seven months of preventive detention, that is more than two thirds the maximum edictal penalty that can be imposed on him in the event of a final sentence. Then, the judges, faced with the defendants' requests, sacrosanctly released him.

Understandable that Carminati appears indefensible, but the rules of guarantee of our legal system also apply to him, as well as to any other citizen who should run into the jerseys of justice. Or, after the prescription, the grillini also want to abolish the terms of preventive detention? For this reason, I am convinced that Pannella would not remain silent. Because the constitutional and legal guarantees for Carminati are called into question, the vulnus affects all of us.

Still, there is no political force that these things have the courage to say. We have gone from democracy to "pollingcracy" , so everything that is unpopular even if right is not said. If it goes well, we pretend nothing and in most cases we ride the topic populistically. And instead Bonafede should be criticized, but not for allowing the release of the boss of "Mafia Capital" , but because after more than two years the government has failed to make criminal and civil justice work faster. But is it possible that in Italy in only six years the first instance trial will end? Isn't it a serious distortion, in itself a form of injustice? This is the point on which the political debate should develop. Not even in the face of the media outcry aroused by this story have we been able to make the process go quickly, let alone what happens in the proceedings against "ordinary" citizens, who celebrate themselves away from the spotlight.

Minister Bonafede should also clarify the reasons why his men at the DAP opened the prison doors to hundreds of convicts for mafia, under the pretext of the coronavirus , rather than sending inspectors to the judges of the Carminati case. Even the aedi of the "independence of the judiciary", in the Democratic Party and elsewhere, have nothing to say? All quiet, a ministerial inspection is now going well on everything and no one is denied. In this ignorance, hypocrisy and cowardice of our political class, piece by piece, all those institutes that made ours a barely guaranteed system are dented, discrediting them. Here, yes, Pannella would have served us today.

The post The judicial populism of Bonafede: the accused cannot pay for the slowness of justice appeared first on the Daily Atlantic .

This is a machine translation from Italian language of a post published on Atlantico Quotidiano at the URL on Thu, 18 Jun 2020 04:00:00 +0000.