Nordio Bill: Article 1 approved, abuse of office crime removed
The Chamber of Deputies approved with 170 votes in favour and 77 against article 1 of the Nordio bill which repeals article 323 of the penal code on the crime of abuse of officeVotes, starting with Article 2, on the proposed amendments will resume on Tuesday afternoon. Carlo Calenda’s action voted with the majority.
Anm: “With stop abuse of office there is a void in protections”
“The striking thing is that the crime of abuse of office is abolished and another is introduced, by decree law, which is the old embezzlement through distraction.. It is a tangible sign that the choice to repeal the abuse of office is an unfortunate choice. We are taking cover with an emergency legislative provision to introduce a patch to fill those gaps in protection that will be created by the imminent repeal of the abuse”. This was stated by Giuseppe Santalucia, president of the National Association of Magistrates, on the sidelines of the conference ‘PNRR and justice. Office for the trial: critical issues and prospects’, in Rome.
For Santalucia it is evident that “they too have developed an awareness that the system does not hold up – he added -. That rule cannot be repealed, there are conventional obligations that they think they can fulfill with a case repealed in the 90s. It would have been better not to touch anything”, Santalucia underlined.
Nordio Bill, M5S: “Crime of abuse of office protects mayors, territories, mafia”
“In my long experience as a magistrate I have seen how false the rhetoric of the need to abolish the crime of abuse of office to overcome the fear of signing is. On the contrary, I have seen how mayors wish for the existence of a rule that sanctions the violation of good administration and impartiality. Those mayors who operate in the most difficult territories, where the mafias influence and infiltrate public administrations, have so far been able to say no thanks to the existence of rules and sanctions. Abuse of office is the case that protects them, that allows them to say no because otherwise the law would punish them. And this rule does not only apply to mayors, it is a protection of the rights of all citizens affected by abuse and bullying. This is what will be missing: a garrison for the defense of citizens, who only in some circumstances will have as their only weapon the appeal through an administrative lawyer. But how many of them will be able to afford it financially? If they are bypassed by another candidate in a rigged competition, how will they defend themselves? You are legitimizing the exercise of power without respecting the rules”. Thus in the Chamber of Deputies the M5S deputy Federico Cafiero De Raho.
Nordio Bill, Costa (Az): “Government followed our proposals”
“Azione has not presented amendments to this measure to the Chamber, unlike what was done in the Senate, to avoid extending the time for its examination, to favor a more rapid approval. On the other hand, we believe that this measure addresses many issues that we had raised even before the bill was approved by the Council of Ministers. On abuse of office, to say enough to a judicial shortcut with which the penal code is used only to bring down a political opponent when there are no other arguments; on the abuse of pre-trial detention, because you cannot send a person to prison without careful consideration and without having subjected him to questioning before and not after he has crossed the threshold of prison; on wiretaps, because it is not acceptable that these are published without distinction between investigated subjects and third parties, with the consequence that often the third party not investigated finds his life in the newspapers”. This was stated by Enrico Costa speaking in the Chamber on the Nordio bill. “On the finality of acquittal sentences, because it is not correct for prosecutors to send people to trial only as a bureaucratic act, and to appeal acquittals only out of punctiliousness. These are rules of common sense and civility that go in the direction that we had indicated in many circumstances. And let no one tell us that we are acting as a crutch for the majority – concluded the Azione deputy – because if anything, it is the majority that has shared our proposals”.
#Nordio #Bill #Goodbye #abuse #office #majority #votes #abolition
