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Система судоустрою Італії

By Dario Quintavalle – Senior Executive Ministry of Justice, Italy Court Manager of the Surveillance Court of Rome. Система судоустрою Італії. About Italy . United country since 1861 A democratic republic since 1946 EC and NATO founding member 6th largest GDP in the world

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Система судоустрою Італії

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  1. By Dario Quintavalle – Senior Executive Ministry of Justice, Italy Court Manager of the Surveillance Court of Rome Система судоустрою Італії

  2. About Italy • United country since 1861 • A democratic republic since 1946 • EC and NATO founding member • 6th largest GDP in the world • 2° best health care system in the world (WHO) • “The Cradle of Law” • First University in the world (Law School of Bologna 1088) • First country to abolish death penalty (1786) • Eurojust member

  3. Population and Immigration • 60.000.000 people • 4 million immigrants • > 300.000 Ukrainians ( “Badanti” = caring ladies)

  4. Parliament bi-cameral Government Independent Judiciary President of the Republic Prime Minister 20 Regions Constitution Statute Law Law Decrees Administrative regulations Regional Law (not in Civil and Criminal matters) Governance and Rule of Law

  5. Jurisdictions • Constitutional Court • Ordinary (Civil and Criminal) • Administrative • Court of Accountants • Military • Fiscal

  6. The Magistrate Body • 9000 ca. (+ 3500 honorary judges) • Independent and self-governed • Prosecutors + Judges • Selected by public competition • Career progression by seniority • High reputation and prestige • 27 magistrates killed (1969 – 1993) Giovanni Falcone - Paolo Borsellino

  7. Court of Cassation Court of Appeal Court of First Instance Justice of Peace General Public Prosecutor at the Court of Cassation General Public Prosecutor at the Court of Appeal Public Prosecutor The Court System (Civil + Criminal) Prosecutors dispose of special section of Police (Judiciary Police), co-ordinate investigations and promote criminal actions

  8. Justice system • Right to have 3 hearings, until Cassation • No ruling is definitive and executive before Cassation • If Cassation rules out, new hearings • Appeal are new judgments and not revision of the precedent ruling (novum judicium) • No jury trial but most serious cases heard by a Court of Assize composed of two professional judges, Giudici Togati, and six lay judges, Giudici Popolari,

  9. The Surveillance Courts • 50.000 people in jail (1/2 of them foreigners… but very few Ukrainians!), frequent amnesties • Constitution forbids non-humane treatment • SC superintend on the whole correctional system • Decides on probation, • enforcement of verdicts, • alternative sanctions • security measures

  10. Surveillance Justice • Surveillance Court (Tribunale di Sorveglianza) operates as a court of first instance, and as a court of appeal towards the decisions of the Surveillance Judge. • A Surveillance Judge (Magistrato di Sorveglianza) is a judge of first instance. • Surveillance Court: 4 members = 2 judges + 2 experts (psychology, social services, education, psychiatry and clinical criminology )

  11. The Surveillance Court of Rome

  12. The Surveillance Court of Rome • The Surveillance Court of Rome is the court competent on nationwide level on appeals against the anti-Mafia prison regime.

  13. Be our friend… • Web: http://tribsorvroma.wordpress.com • Facebook: Tribunale di Sorveglianza di Roma • Twitter: http://twitter.com/tribsorv • Flickr: http://www.flickr.com/photos/46730249@N02

  14. Court Governance Supreme Council of Judges: • Chaired by the President of the Republic • Elected by all Magistrates • Appoints Chief Judges and Prosecutors • Act as disciplinary court for Judges

  15. The Ministry of Justice • Recruitment of Magistrates, Barristers, Notaries, Court Clerks • 4 main departments: • Court Administration • Prison Administration • Juvenile Justice System • Politics of Legislation • 100.000 employees

  16. Court Administrators • Executives of the Ministry of Justice • In charge of Human Resources, Organization, Finance; • Subject to evaluation by the MoJ • Not empowered until 2006

  17. 1. Fight against organized crime • Three main criminal organization (MAFIA) • Special crime: “Mafia-style association” • DNA: National Direction Anti-mafia • PNA: National Procuror Anti-mafia under surveillance of the General Prosecutor of Cassation • Impulse and co-ordination of OC investigations • DDA: District Direction Anti-mafia (26) • DIA: interforce Anti-mafia police agency

  18. 2. Fight against organized crime • 41-bis prison regime: mafia + terrorism +drugs • a ban on the use of the telephone; • a ban on all association or correspondence with other prisoners; • a ban on meetings with third parties; • restrictions on visits from members of the family (once per month and visitors are only allowed to communicate by intercom through thick glass); • a ban on receiving or sending sums of money over a set amount; • a ban on organizing cultural, recreational or sporting activities; • a ban on voting or standing in elections for prisoner representatives; • a ban on taking part in arts-and-crafts activities

  19. 3. Fight against organized crime • The Surveillance Court of Rome is the court competent on nationwide level on appeals against the 41-bis decree • Confiscation of all assets and destination to social utility

  20. Ongoing Problems • Organized Crime • High Corruption • Permanent conflict between politics and judiciary • Excessive number of civil proceedings pending (5 million) • Excessive length of Criminal Proceedings = several condemnations by ECHR • Cumbersome legislation (20.000 laws) under codification

  21. The most important Italian contribution to the Ukrainian Judiciary so far…

  22. Espresso Coffee machines ! 

  23. Questions? and Answers!

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