“Guaranteeing is not a choice, one of the possible options, but it is a single model to which the correct course of the management of the judiciary can be standardized, in compliance with the constitutional legality plan”. Meritocrazia Italia underlines this.
“The contrast between the two cultures, of the primacy of guarantees and the rights of individuals, the ‘guarantee’ one, and the primacy of the punitive power of the State, that is the ‘justicialist’ one, traces the entire history of law – he remembers – the term ‘guarantee’ refers to the sentiment according to which the priority is to ensure respect for individual rights and constitutional guarantees placed to protect the human being. In the judiciary, this calls for the observance of procedural and substantive guarantees for suspects and accused persons , with the ultimate aim of ensuring the right to defense and a fair trial “.
“On the other hand, the term ‘justicialism’ is used to define the intention of those who, out of personal conviction or to give voice to public opinion, express the anxiety of entrusting those guilty of crimes to justice – continues – In constant tension between these two souls, what is evident is that, in the course of history and starting from the late medieval period, from the liberal codes of 1865 to the code of 1930, up to that of 1988, the contrast between state punitive power and inviolables of the individual is proposed according to different balances “.
“In the fascist period, Minister Rocco argued that the presumption of innocence was the result of an ‘aberrant and morbid sentimentality, which had so weakened the repression and favored the spread of crime’ – he continues – And again, in 1939, another jurist, Major Joseph, advocated the abandonment of the principle of ‘in dubio pro reo’, in favor of the principle of ‘in dubio pro republica’ “.
“Today’s attitude emerges from the daily news, ready to feed hatred and the need for revenge towards the other. The suspect often suffers an inexorable sentence on the media level before any possible conviction on the judicial level – observes Meritocrazia Italia – With bitterness, it is noted that part of politics rides the wave of discontent by fomenting a request for social justice which, in a sensationalist context, goes beyond the limits of guarantee, assuming the forms of extreme justicialism “.
“It is also possible to listen to speeches in which the right of defense is described as an obstacle to the orderly judicial process, or the prescription is made a privilege of a few – he continues – The legitimate desire for truth and intolerance for injustices are the basis of an indiscriminate request for condemnation. The subjective convictions of what is good and what is evil win. In a false moralism, which is nothing other than the oppression of ethics. A ‘criminal law of the enemy’ is affirmed, which responds logic of revenge, revolt and the desire to annihilate an alleged adversary, at the expense of truth and justice “.
“The very serious effect is the destruction of the life of individuals, relational and professional. The mortification of aspirations, of the opportunities for self-fulfillment – continues Meritocrazia Italia – In this context, guaranteeing becomes a barrier against the punitive wave of the voice popular and of a journalism that often betrays its function and interferes with the serene exercise of the judicial function, for the redemption of individual and collective freedoms, against excessive and arbitrary sanctions “. “The procedural guarantees, to be restored with a serious and systemic reform, become bulwarks against the free will of the judge and above all against the conditioning of public opinion, useful both for the reconstruction of the procedural truth”, he underlines.
“The beacon of the presumption of innocence must guide the procedural activity, from the preliminary investigations up to the sentence of the Supreme Court, restoring the feeling of Legality beyond hatred and media distractions – he specifies – In this, a modification of the Constitutional Charter would be useful with introduction of the principle of ‘beyond any reasonable doubt’. A review of the means of seeking evidence and of precautionary and custodial measures is also essential, in order to bring the criminal process back to the purpose of ascertaining the fact and freeing it from the distortions that have it over time transformed into a means of struggle and repression “.
“But, upstream, it is necessary to promote a true Cultural Revolution, thanks to a new political class that, projected towards study, sacrifice and commitment, knows how to regain credibility and trust – he concludes – Courageous, because it is capable of questioning its own ideas, in search of truth “.