Corrective reform Cartabia, meeting of studies at military tribunal Naples

Corrective reform Cartabia, meeting of studies at military tribunal Naples
Corrective reform Cartabia, meeting of studies at military tribunal Naples

NAPLES – “News in the criminal proceedings and the sanctioning system in the Cartabia reform and in light of the corrective decree”. This was discussed in the study meeting in the “De Leone” room of the military court of Naples. Doing the honors were Filippo Verrone, president of the military court of Naples who introduced the proceedings and Giovanni Barone, public prosecutor at the military court of Naples. Following the speech by Roberto Galasso, deputy public prosecutor at the Military Court of Naples and in the dual role of moderator, who discussed the Cartabia reform on the subject of criminal proceedings. Application implications and systematic implications. During the day there were several contributions: Emanuele De Franco, deputy public prosecutor at the ordinary court of Naples who spoke about “The new judgment formula: systemic implications; Chiara Naimoli, researcher in criminal procedural law, University of Naples, Federico II with the “Putting to the test and particular tenuousness of the fact: new sanctioning paths”; Valeria Bove, magistrate in charge of the Office of the Maximum Judge at the Court of Cassation with “Restorative justice: the state of the art and future prospects”; Raffaele Muzzica investigating judge/gup at the ordinary court of Nola with “The new alternative penalties: conclusive evaluations on the new sanctioning structure”; Vincenzo Giordano, judge at the ordinary court of Pavia with “News on the subject of defense investigations”; and Carmine Foreste, president of the Council of the Bar Association of Naples.

A table made necessary to find a unitary jurisprudential orientation on the reform. In the consideration, which was published in the Official Journal, general series, no. 67 of 20 March 2024, the legislative decree of 19 March 2024 no. 31, containing “supplementary and corrective provisions of the legislative decree of 10 October 2022, no. 150, implementing the law of 27 September 2021, no. 134, containing delegation to the Government for the efficiency of the criminal process, as well as in the matter of restorative justice and provisions for the rapid definition of judicial proceedings”. This is the so-called “Cartabia corrective”, which came into force on 4 April 2024, after the ordinary term of vacatio legis. The aim of the 2024 delegated legislator is to make this discipline more consistent with the principles and criteria of delegation, while at the same time simplifying the resulting regulatory text and resolving the coordination problems that emerged during the first application of the “Cartabia” reform of the criminal process, having to this end “taken into account the contributions from the academic world, the legal profession and the judiciary, which have reported problematic aspects that emerged during the application of the legislation”. The military court of Naples and the military prosecutor’s office have jurisdiction over military crimes committed in the regions of Molise, Campania, Puglia, Basilicata, Calabria and Sicily.

 
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