di Felice Lima
(Giudice del Tribunale di Catania)
da Il Fatto Quotidiano online del 5 febbraio 2011
In un Paese che voglia essere civile o anche solo decente chi venga sorpreso a compiere atti non commendevoli, se ne vergogna, chiede umilmente scusa e si dimette da qualunque carica e/o incarico e/o altro che possa in qualunque modo condizionare la vita politica e sociale del Paese. Dopo di che, se quei fatti costituiscono o no reato, lo accerteranno i giudici. Ma dopo che quello si è ritirato alla più nascosta vita privata.
Tanto per dire, in un Paese che voglia essere civile, un senatore (Andreotti) del quale una sentenza definitiva dica che è stato per anni complice dei mafiosi, si dimette immediatamente anche se il reato risulta prescritto.
E, se lui non si dimette, qualunque Senato che abbia il senso della propria dignità lo induce a dimettersi senza se e senza ma. Per mille ovvie ragioni, che in Italia ormai non sono più ovvie, ma che ritengo superfluo illustrare qui.
In un Paese civile il processo penale assolve il suo compito naturale, that is a task in some ways quite limited: whether the specific conduct that the person that complements or not a criminal offense and, if so, impose the penalty provided by law.
In a civilized country the process undermines the government and the process is not called upon to arbitrate in any major political issue, because in a civilized country does not allow the people that no one who maintains them for public office when he reached by suspicion of serious crimes not already qualified, but only seriously deplorable conduct.
So, in a civilized country, the process is basically just a fact about the individual person of the accused, who, if he had any public office, when ends in the courts (and in civilized countries there is no way to escape from this duty), has already left for not forcing the entire country to a Russian roulette with their most important values.
Instead, in a country where lawlessness, recklessness, lying shamelessly negative values \u200b\u200bare common, the process and the courts remain the last and the only defense of decency. This
- which in itself is a paradox and indecent - the charge process and the judges of tasks and responsibilities than what they are made of.
It 's absurd and paradoxical that a few days ago the Court of Supreme Court, dismissing the appeal of the sensor. Cuffaro, it has caused the loss of a senator. Why is it absurd that the senators have agreed to sit for years with a person of whom were known things that are known to the sensor. Cuffaro.
And mind you, this has nothing to do with the respect and human compassion that must also sen. Cuffaro. Piety and respect do not deny, but state and impose the requirement of truth and decency.
As in any civilized country, the President of the Chamber (then Casini), while a Court shall enter into closed session to condemn another senator (Dell'Utri) declares to the press and television that he telephoned the defendant to give its solidarity.
But in which country the President of the Chamber gives public solidarity with the accused Mafia rather than the courts?
In a normal country there are a thousand instruments of control of legality, propriety, decency, collective. In Italy there are only criminal trials.
This is certainly a symptom of a serious deterioration of the collective. Far.
must have been really good if our founding fathers who set up the system meant that even today, despite many years governments of all colors have been actively engaged day and night to destroy any hope of justice (this is days the news that the Ministry of (???) Justice has confirmed that the law on -called "short trial" will go on ), there is still some process going on.
But it will not last.
First, because even the judiciary is made up of Italians and, therefore, for ten Curt Bocassini there are a hundred, a hundred percent that Squillante and without yet been ascertained crimes against them, maintain pipelines such as those that led to a few months ago the deputy prosecutor of Rome (mica a Justice of the Peace in the suburbs) to resign in haste without the judiciary has said a word of courage and sincerity about the background of that story.
Secondly, because it is unthinkable justice "against the people" .
If the people find acceptable the dishonesty and lies, if he wants to power the worst people, if that is a story of child prostitution may be the subject of jokes and clichés, instead of outrage, if 315 deputies are well prepared to argue that the call to the police station to make free Ruby has been made for greater interest of the state, then you can not continue for too long to do justice "In the name of this people" .
It 's true that the "Italian people" in whose name pronounce the sentences is not the sum of the people currently on the ground patriotism, but the ' "soul" of the people described in the Constitution, but if you can accept that the people hoped the constituents is more an aspiration than a reality, you can not stand the fact that long is reduced to a naive illusion.
Meanwhile, however, the more crooks occupying all the nerve centers of the state more than break up the administration of justice and the law becomes more efficient instrument of justice from a dishonored instrument of power. The laws ad personam are not laws, are abuses against the law.
In a context so everything loses sense and the country plunges into an abyss which seems not to grasp the depth, dando luogo a uno spettacolo simile ai passeggeri del Titanic che ballavano sul ponte mentre la nave affondava.
( La prima parte )
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