LondonJohn
Penultimate Amazing
- Joined
- May 12, 2010
- Messages
- 21,455
"By the PIP"? Anyway, I very much do recognize Cheli as having insights vastly better than my own, and is vastly a better source.
But also as better that LondonJohn's? Maybe, maybe not. Both deserve a listen.... and it is actually not a competition.
Exactly. Paradoxically, the adversarial approach is not a good way* to seek enlightenment, truth and progress in this sort of environment. Rather, a sceptical inquisitorial process is far preferable. It's not "one or the other".
There are numerous credible sources (both academic and journalistic) which make it very clear indeed that the Italian Code of Criminal Procedure, as it exists on the written page in 2015, is a dreadful and unfit-for-purpose piece of code which was the progeny of the well-intentioned - but half-baked and hugely resisted within much of the Italian judiciary - reforms of the late 1980s. And one of the clumsy mash-ups is Section 530, which didn't bother to properly replace the old ways of acquittal with accurate and fit-for-purpose ones. Then, Italy being Italy, they've just muddled along with this half-baked scenario ever since.
It's a shambles. And it's one of the very many reasons why Italy's criminal justice system is so fundamentally broken. However, while Italy's executive and legislators continue to have neither the teeth, the appetite, the mandate nor the will to change things, and while powerful reactionary elements in the judiciary express their resistance to any more change or meddling on "their" turf, nothing is likely to change any time soon. It's a fiasco.
* Though it's demonstrably and provably the best (and least bad) way to administer criminal justice.