Separation of career prosecutors and judges, to achieve a real 'equality' between the prosecution and defense "which rises above the judge. This is the cornerstone of the constitutional reform of justice, developed by the Keeper of Angelino Alfano and approved today by the Council of Ministers. Separate careers, and, therefore, two Magistrates, both chaired by the Head of State. This reform in detail, but that 'not affect' the processes in place at the date of its entry into force. - SEPARATION OF CAREERS: Judges are "distinguished judges and prosecutors and the law" guarantees the separation of careers, "says Article 5 of the reform, and the office of the prosecutor 'and' organized according to the rules of ' judicial system that ensures the autonomy and independence. "
- DOUBLE CSM: The Council of the Judiciary Judges 'and' chaired by the President of the Republic ", as required by Article 6 of the reform, which introduces Article 104 bis of the Constitution. It is part of the right first president of the Supreme Court and the other members are elected for target 'all the ordinary courts between the same type of eligible candidates after draw and half 'by Parliament in joint session between professors of universities' law and lawyers in the field after 15 years of operation. The Council shall elect a Deputy Chairperson from among members appointed by Parliament. Elected members of the Council remain in office for four years and are not re-elected. Regarding the Judiciary Article prosecutor .104 b provides that this Council is chaired by the President of the Republic. It is part of law the attorney general of the Supreme Court. The other members are elected for target 'all the prosecutors in the same category after the draw and half of the candidates' joint sitting of parliament from among professors of universities' in law and lawyers after 15 years of operation. As for what happens to the judiciary the elected members remain in office for four years, will not be re-elected 'can be entered while in office, in professional associations or serve in Parliament or a provincial or municipal regional council. For the tasks of the two CSM, it is established, with the replacement of Article .105, that "The High Council of the judiciary and the Supreme Judicial Consiglilo requitrente, under the rules of the judicial system, recruitment, assignments, transfers and promotions in respect of the ordinary courts and prosecutors. The Councils can not adapt acts "of political will 'exercise functions other than those provided for in the Constitution. "
- CRIMINAL PROCEEDINGS: It is the principle of mandatory 'but we introduce criteria of the law:" The prosecutor's office has the obligation to prosecute in accordance with the criteria established by the law. "This will be 'the new Article 112 of the Constitution, as amended by Article 15 of the judicial reform approved this morning.
- REGULATING THE JUDICIARY: You set up the" Court of discipline, "with a section for the judges and one for pm. The components of each section shall be elected for half 'by Parliament in joint session and half', respectively, of all the judges and the token. The members elected by the Parliament "are chosen - which provides for reform - including university professors' in law and lawyers after 15 years of service, "those chosen by judges and public prosecutors" are chosen after the draw of the candidates, including those in the respective categories. "The Court Disciplinary Board shall elect a chairperson from among members appointed by Parliament, "shall hold office for four years and are not re-elected. Action taken by the Court may be appealed to the Supreme Court.
- irrevocably 'JUDGMENTS ABSOLUTION: no appeal against the acquittals handed down in the first instance." against convictions and 'always allowed the appeal, unless the law provides otherwise in relation to the nature of the offense and penalties and the decision. The judgments of
acquittals can be appealed only in cases provided by law. "
- RESPONSIBILITY 'CIVIL Togas:" The magistrates are directly responsible for acts committed in violation of the equal rights of other officials and employees of the State. "Furthermore," the law expressly provides for the responsibility 'of the civil magistrates in cases of wrongful imprisonment and other unwarranted restriction of freedom' personal ', still requires reform, and the' responsibility 'of the civil magistrates extends to the State. "
- JUDICIAL POLICE REPORT-PM" the judge and the prosecutor have the police according to the procedures' established by law ".
- RESPONSIBILITIES OF Justice: the Minister of Justice entitled" The inspection function, organization and operation of services relating to justice. "report annually to the Houses on the state of justice, concerning the prosecution and the use of means of investigation.
- elected officials Toghi Fees: extends to the elected officials who act as honorary judges pm, and until now was reserved only for the judges.
- dismissal 'JUDGES: "In case of exceptional needs, identified by law, relating to the organization and operation of services relating to justice, the Councils may designate the judges to other courts."
(source: AGI)
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