LondonJohn
Penultimate Amazing
- Joined
- May 12, 2010
- Messages
- 21,458
We have a resident Italian lawyer? Elsewhere, I was referred to a revision of the code apparently conferring immunity from suit for diffumazione - it might have been article 587 or something like that - which left me puzzled about the slander claim against Amanda which, I think, resulted from evidence she gave in court.
Btw. the case against Edda Mellas for repeating what Amanda said continues in Florence, as a point of interest.
Maybe Mach can enlighten us because it's concerning that Stefanoni's clear and flagrant lies were not properly exposed. I thought maybe the reason might be that Italian does not confer immunity even on judges.
I wouldn't be at all surprised if there were still no privilege attached to accusations made in courts in Italy. Undoubtedly under the Fascist-era codes it would have been possible to commit these sorts of offences: they are an important tool in ensuring that the courts come to the "correct" decisions to the pleasure of the dictator. It's not unlikely therefore that this is one of the many areas of the Italian criminal justice system that either has not been properly reformed at all, or has been subjected to a clumsy partial reform.
The whole issue of post-Fascism reform of the criminal justice system is, so far as I can see, huge. In my view, the way it's been done (and not done, and not done properly) has rendered the system unfit for purpose. One fundamental (and understandable) problem is that criminal justice systems, by their very nature, must be somewhat reactionary and "set in stone" if they are to be accepted by the people - if laws and codes are constantly changing, it pretty much destroys faith in the system and - more importantly - a willingness to live within the system.
However, it's abundantly clear to me that by now a great deal more should have been done, and done properly, to modernise and democratise the system in Italy. I strongly suspect that there have been - and probably still are - powerful forces within the system that have actively resisted change. People often don't like giving up power easily, especially where they are in some position to have a say over the preservation of that power.....