Justice referendum 12 June 2022: the explanation of the five referendum questions. What would happen if the “Yes” wins?

PRESENTATION OF THE BOOK BY IRENE TESTA

Justice referendum 12 June 2022, the explanation of the five questions to be voted

On 12 June 2022, Italians will be called to the polls to cast their vote on justice referendum. In this circumstance, citizens will vote on five questions giving a favorable or negative opinion.

Below, the explanation of the five referendum questions that will be voted on Sunday 12 June.

Question n. 1 on the repeal of the Severino law

The referendum question number one, printed on form redis the most direct of those submitted to the population on the occasion of the justice referendum of 12 June 2022. The question reads as follows: “Do you want it to be repealed the Legislative Decree 31 December 2012, n. 235? “.

In this case, the reference is to the so-called Severino decree ie the first of the three decrees included in anti-corruption law which was strongly desired by Paola Severino in 2012, who at the time held the role of Minister of Justice of the Monti government. The full name, moreover, is “Consolidated text of the provisions on the subject of non-compliance and the prohibition against holding elected and government offices resulting from definitive sentences for non-negligent offenses”.

There delegation law it had been promulgated following the Fiorito scandal and investigations into the exorbitant expenses of the regional councilors and was approved almost unanimously with 480 votes in favor, 19 against and 25 abstentions. In favor, the entire center-right votedincluding the Lega which at the moment promoted the referendums with the Radical Party.

Furthermore, at the time of the vote on the delegation law, the only party to vote against the provision was Italy of Values ​​by Antonio Di Pietro who considered the measure excessively bland.

The Severino law, therefore, currently provides the unlawfulness, ineligibility and automatic forfeiture for parliamentarians, government representatives, regional councilors, mayors and local administrators convicted. In particular, reference is made to:

  • Definitively sentenced to over two years for mafia or terrorist association or for committing very serious crimes such as slavery, child prostitution and international drug trafficking;
  • Definitively sentenced to over two years for crimes of public officials against the public administration (corruption, extortion, embezzlement, embezzlement, undue inducement to give or promise benefits);
  • Definitively sentenced to over two years for all other crimes punished with a maximum penalty of not less than four years.

If the “Yes” wins the referendum, the decree will be repealed, eliminating the automatism. In this way, it would again be granted to judges to choose, from time to time, whether a sentenced person should be banned from public office.

Question n. 2 on the limitation of precautionary measures of the justice referendum of 12 June 2022

Question number 2, printed on orange cardconcerns the limitation of precautionary measures and “the repeal of the last sentence of article 274, paragraph 1, letter c), code of criminal procedure, regarding precautionary measures and, in particular, precautionary needs, in the criminal process” .

In essence, citizens are asked to abolish the rule on “reiteration of the crime” the reasons for which the judges can decide the pre-trial detention in prison oi domiciliary for a person during the investigation, i.e. before the trial takes place.

In the event that the “Yes” wins, eliminating the danger of reiteration of the crime among the precautionary measures, it will be possible to proceed with precautionary custody in the following cases:

  • danger of escape;
  • pollution of evidence;
  • risk of committing particularly serious crimes, with weapons or other violent means.

The objective of the referendum question, therefore, is to proceed with the imprisonment only for those who commit more serious crimes.

Question n. 3 on the separation of the careers of magistrates

Question number 3, printed on yellow cardconcerns the separation of the functions of magistrates and provides for “the repeal of the rules on the judicial system that allow transition from judicial to prosecuting functions and vice versa in the career of magistrates“.

If “Yes” were to win, it would be introduced into the Italian judicial system separation of careers. Consequently, magistrates will have to decide early in their career whether to take on the role of judge in the trial with a judgmental function or that of Public minister with a prosecuting function and in charge of coordinating the investigations and supporting the accusatory party. The role chosen, then, must be covered by the subject for the his entire professional life.

Question n. 4 based on the evaluation of external legal experts

Question number 4 of the justice referendum of 12 June 2022, printed on gray cardrefers to the participation of lay members in all resolutions of the Governing Council of the Court of Cassation and of the judicial councils. The question promotes “the repeal of rules on the composition of the Governing Council of the Court of Cassation and of the judicial councils and of the competences of the lay members who are part of it”.

In this way, the evaluation of magistrates by external experts on the subject is foreseen legal, as well as togas. Both lawyers and university professors who are part of the judicial councils, therefore, could vote on the work of the magistrates and on their professionalism if the “Yes” wins the referendum.

Question n. 5 of the justice referendum of 12 June 2022 on the abrogation of currents for the election of members of the CSM

Question number 5, printed on a green card, provides for the repeal of “rules on election of the professional members of the Superior Council of the Judiciary“.

As regards the referendum question no. 5, the cancellation of the law 24 March 1958, n. 195known as “Rules on the constitution and functioning of the Superior Council of the Judiciary”, with reference to theobligation to collect 25 to 50 signatures in order to apply as members of the self-governing body of the judiciary. The goal is to reform the CSM and impose it stop to the system of so-called currents who were harshly criticized after the Palamara case for the appointments to the top of the prosecutors.

With the victory of “Yes”, it would come restored the original law of 1958 which allowed all the magistrates in service to propose themselves as members of the CSM and to present their candidacy in a simple and direct way.

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