Massimo Donini

Efficiency and Principles of the Legge Cartabia. The Legislator at the School of Realism and the Culture of Discretionality

  • Abstract

Informations and abstract

Keywords: Criminal Law, Fair Trial, Reforms, Government, Minister of Justice

The essay examines the «Cartabia Reform» with particular reference to the prescription of criminal trials: the old prescription is replaced by the new institute of inadmissibility for exceeding the maximum duration of the trial, an institution that desacralizes the criminal trial. Thus a new culture of procedural discretion is affirmed: the prosecutor must not only pursue the conviction of the accused, but also manage a plurality of procedural strategies that concern also the judge. Finally, the numerous innovations of the sanctioning system are part of a culture of «criminal humanism».

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