Giustizia, Orlando: «Sulla prescrizione, un intervento inutile, anzi pericoloso.»

By | novembre 8, 2018

Giustizia, Orlando: «Sulla prescrizione, un intervento inutile, anzi pericoloso.»

Ma perché? Che senso ha? Nella scorsa legislatura abbiamo previsto una sospensione di tre anni, dopo le sentenze di primo grado e di appello.

Abbiamo innalzato i massimi di pena per la corruzione, il che incide sui termini di estinzione dei reati proprio per quelle fattispecie che ancora si vorrebbe colpire.

Date tempo alla nostra riforma di mostrare la propria efficacia, anziché rimettere mano alla prescrizione in modo disorganico. Che quella soluzione fosse congrua per la lotta al malaffare l’hanno certificato sia l’Ocse che la Greco, il Gruppo di lavoro del Consiglio d’Europa che in precedenza aveva segnalato il problema».

 

Andrea Orlando ha forse più titolo di tutti a strabuzzare gli occhi di fronte al metodo sbrigativo sulla prescrizione: un emendamento e via. Ha più titolo perché la riforma della prescrizione l’ha già fatta lui.

«E non è stato un intervento da poco: il punto è che nemmeno si vuole aspettare che produca i suoi effetti. Cosa che avverrà fra diversi anni, visto che le mie norme, così come avverrebbe per quelle proposte ora, operano solo sui reati commessi dopo l’entrata in vigore».

 

Si potrebbe dire: lei c’è stato tre anni, su riforma del processo e della prescrizione. In tre righe il nuovo governo ha già chiuso i giochi.

Ironia facile ma che rimanda a un enorme paradosso. L’attuale maggioranza si propone come il nuovo che sa ascoltare i cittadini. Qui neppure si dà ascolto ai soggetti della giurisdizione, magistrati e avvocati.

E ancora: si dice no a riforme asistematiche e poi con un emendamento si ridisegna il processo penale.

 

In effetti, dopo Cnf e Camere penali, anche le toghe ora dicono di no.

Guardi, noi nella scorsa legislatura abbiamo svolto un’attenta opera di ascolto e mediazione. Abbiamo tenuto a inserire le modifiche sui termini di estinzione del reato all’interno di un quadro ricco di interventi a garanzia degli imputati, in modo organico.

Qui si realizza una modifica per molti aspetti priva di senso e utilità, visto che noi appunto avevamo innalzato anche i massimi di pena per la corruzione, da cui dipendono i termini per prescrivere il reato: con quell’intervento è del tutto irrealistico che un’indagine sul malaffare non arrivi a sentenza definitiva.

E poi: se ci vorranno 7-8 anni perché la sua riforma abbia effetto, per quella di Bonafede si dovrebbe aspettare ancora di più.

Certo. E aggiungo: prima di procedere abbiamo elaborato un ampio dossier sulla prescrizione. Sono emersi, su tutti, tre dati.

Primo: più del 60 per cento delle prescrizioni è dichiarata quando il processo neppure è iniziato, cioè durante le indagini.

Secondo: le prescrizioni dichiarate durante il giudizio di primo grado rappresentano il 40 per cento dei processi in alcuni Tribunali, in altri invece sono prossime a quota zero.

Terzo: oltre la metà delle prescrizioni dichiarate in appello si concentra in 3 o 4 sedi di distretto.

Cosa se ne deduce? Che il primo nodo è l’organizzazione dell’ufficio. Ecco perché  trovo incomprensibile un nuovo intervento sulla prescrizione: quello già fatto da noi è stato preceduto da un’analisi attentissima. Tanto è vero che abbiamo corretto la traiettoria iniziale.

 

Cosa intende dire?

Che nella scorsa legislatura si era partiti dall’idea di bloccare il decorso della prescrizione dopo la sentenza di primo grado e che poi però io stesso mi sono reso conto di quanto fosse sovrabbondante una modifica così drastica.

Intanto tocca anche al Csm indicare ai vertici degli uffici giudiziari magistrati bravi a organizzare il lavoro. Ma soprattutto, ho capito che una sospensione dopo le sentenze di primo grado e d’appello sarebbe stata più che sufficiente.

 

I centristi erano contrari, avete dovuto mediare.

Ma non è che l’abbiamo fatto malvolentieri. La soluzione trovata è stata giusta. Sulla base dell’analisi svolta mi sono reso conto che andare oltre non era necessario. Ora, una volta trovata una soluzione a partire dai dati veri, che senso ha rimettere in discussione tutto?

 

Da cittadino come si sentirebbe, se sapesse che bastano un pm e un gup che si innamorano del teorema sbagliato per stare una vita sotto processo?

Ci siamo posti anche in quest’ottica. Abbiamo capito che dopo una condanna in
primo grado è giusto dare più tempo per un eventuale ulteriore accertamento della verità processuale, in un quadro comunque di garanzie.

Sospendere all’infinito, cioè abolire la prescrizione dopo il primo grado, è pericoloso.

 

Se avesse modo di parlare col suo successore quale consiglio gli darebbe?

Gli consiglierei di affrontare il tema della prescrizione nel quadro di un ragionamento complessivo sul processo e di non usarlo come bandiera propagandistica.
Si rischia di produrre danni anziché risolvere i problemi.

 

Se la maggioranza andasse dritta sulla prescrizione bloccata, il Pd farebbe
un’opposizione dura? E lei?

Io ho preferito non stare in commissione Giustizia proprio per non trovarmi in situazioni di imbarazzo. Resto convinto che sia inopportuno continuare a occuparsi stabilmente di questioni rispetto alle quali si è avuta in passato la più alta responsabilità di governo.

E ancora: la linea del Pd andrà definita e chiarita in modo collegiale. Ma certo, per parte mia credo che usare il processo penale per interventi di carattere simbolico sia pericoloso. È avvenuto poche ore fa con l’eliminazione dell’abbreviato per i reati puniti con l`ergastolo.

Farò il possibile perché la mia preoccupazione sia condivisa da tutto il Pd.

L’articolo Giustizia, Orlando: «Sulla prescrizione, un intervento inutile, anzi pericoloso.» proviene da Partito Democratico.

Source: Partito Democratico

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