Injustice runs on the edge of the law

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02/17/2015
Maurizio Turco

Injustice runs on the edge of the law


"I pronounced an unjust sentence". Thus Michelangelo Russo, counselor at the Salerno Court of Appeal, in an article published on the front page of the Corriere del Mezzogiorno - Campania on Saturday February 14. In essence, the judge "rightly condemned a man for a fact committed several years ago". However, this correct judgment, issued according to the law, is actually unjust, because it was emitted many years after the facts took place.

The judge does not agree with those who sustain that the rest doesn't matter within a climate of Crisis and Reform. "The fact is that the rest matters, and a lot!" Dr. Russo exclaims, because of the tens of thousands of cases that "concern minor offenses, dating back years, which fill the Court agendas and slow the due course of urgent facts down". 

After a series of evaluations on the Government, the Bar and the judiciary, Dr. Russo writes "(...) Just yesterday a conference was held in Salerno, organized by the Corrente di Area, on the use of priority criteria as a lifeline to avoid the sinking of the judiciary aparatus. (...) The conference, however, does not seem to have addressed that which according to the majority of judges appears to be the only possible solution to save the principles and most important trials, now overwhelmed by the staggering backlog: amnesty. For decades this odious word, that reminds us so much of the First Republic, has allowed for the periodic clean-up of the inevitable judicial jams. It has not solved the underlying problems, but at least it kept the Constitutional principles intact; principles whose modification would lead to disturbing unknowns."

Amnesty therefore as the antidote to occuring violations of the Constitution, to avoid unjust sentences and to prosecute far more serious crimes that are destined to end in prescription.

 

Translation: Laura Harth

 

 

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