Posted by: gurglin | April 19, 2011

If they go to jail, how could they rule the country?

The bunch of criminals who sit in the Italian Parliament and the powers they represent such as the economic lobbies very keen in breaking the laws and the group of organised crime (Mafia, Camorra, ‘Ndrangheda, etc) decided there are some articles of the Italian Constitution which interfere with their activities, and must be changed or removed!

They do not like the following:

TITLE IV
THE JUDICAL BRANCH
Section I
The Organisation of the Judiciary
Art. 101
Justice is administered in the name of the people.
Judges are subject only to the law.
Art. 102
Judicial proceedings are exercised by ordinary magistrates empowered and
regulated by the provisions concerning the Judiciary.
Extraordinary or special judges may not be established. Only specialised
sections for specific matters within the ordinary judicial bodies may be
established, and these sections may include the participation of qualified
citizens who are not members of the Judiciary.
The law regulates the cases and forms of the direct participation of the
people in the administration of justice.
26
Art. 103
The Council of State and the other bodies of judicial administration have
jurisdiction over the protection of legitimate rights before the public
administration and, in particular matters laid out by law, also of subjective
rights.
The Court of Accounts has jurisdiction in matters of public accounts and
in other matters laid out by law.
Military tribunals in times of war have the jurisdiction established by law.
In times of peace they have jurisdiction only for military crimes committed
by members of the armed forces.
Art. 104
The Judiciary is a branch that is autonomous and independent of all other
powers.
The High Council of the Judiciary is presided over by the President of the
Republic.
The first president and the general prosecutor of the Court of Cassation are
members by right.
Two thirds of the members are elected by all the ordinary judges belonging
to the various categories, and one third are elected by Parliament in joint
session from among university professors of law and lawyers with fifteen
years of practice.
The Council elects a vice-president from among those members designated
by Parliament.
Elected members of the Council remain in office for four years and cannot
be immediately re-elected.
They may not, while in office, be registered in professional rolls, nor serve
in Parliament or on a Regional Council.
Art. 105
The High Council of the Judiciary, in accordance with the regulations of
the Judiciary, has jurisdiction for employment, assignments and transfers,
promotions and disciplinary measures of judges.
Art. 106
Judges are appointed through competitive examinations.
The law on the regulations of the Judiciary allows the appointment, also by
election, of honorary judges for all the functions performed by single
judges.
27
Following a proposal by the High Council of the Judiciary, university
professors of law and lawyers with fifteen years of practice and registered
in the special professional rolls for the higher courts may be appointed for
their outstanding merits as Cassation councillors.
Art. 107
Judges may not be removed from office; they may not be dismissed or
suspended from office or assigned to other courts or functions unless by a
decision of the High Council of the Judiciary, taken either for the reasons
and with the guarantees of defence established by the provisions
concerning the organisation of Judiciary or with the consent of the judges
themselves.
The Minister of Justice has the power to originate disciplinary action.
Judges are distinguished only by their different functions.
The state prosecutor enjoys the guarantees established in the prosecutor’s
favour by the provisions concerning the organisation of the Judiciary.
Art. 108
The provisions concerning the organisation of the Judiciary and the judges
are laid out by law.
The law ensures the independence of judges of special courts, of state
prosecutors of those courts, and of other persons participating in the
administration of justice.
Art. 109
The legal authorities have direct use of the judicial police.
Art. 110
Without prejudice to the authority of the High Council of the Judiciary, the
Minister of Justice has responsibility for the organisation and functioning
of those services involved with justice.
Section II
Rules on Jurisdiction
Art. 111
Jurisdiction is implemented through due process regulated by law.
All court trials are conducted with adversary proceedings and the parties
28
are entitled to equal conditions before an impartial judge in third party
position. The law provides for the reasonable duration of trials.
In criminal law trials, the law provides that the alleged offender shall be
promptly informed confidentially of the nature and reasons for the charges
that are brought and shall have adequate time and conditions to prepare a
defence. The defendant shall have the right to cross-examine or to have
cross-examined before a judge the persons making accusations and to
summon and examine persons for the defence in the same conditions as the
prosecution, as well as the right to produce all other evidence in favour of
the defence. The defendant is entitled to the assistance of an interpreter in
the case that he or she does not speak or understand the language in which
the court proceedings are conducted.
In criminal law proceedings, the formation of evidence is based on the
principle of adversary hearings. The guilt of the defendant cannot be
established on the basis of statements by persons who, out of their own free
choice, have always voluntarily avoided undergoing cross-examination by
the defendant or the defence counsel.
The law regulates the cases in which the formation of evidence does not
occur in an adversary proceeding with the consent of the defendant or
owing to reasons of ascertained objective impossibility or proven illicit
conduct.
All judicial decisions shall include a statement of reasons.
Appeals to the Court of Cassation in cases of violations of the law are
always allowed against sentences and against measures affecting personal
freedom pronounced by ordinary and special courts. This rule can only be
waived in cases of sentences by military tribunals in time of war.
Appeals to the Court of Cassation against decisions of the Council of State
and the Court of Accounts are permitted only for reasons of jurisdiction.
Art. 112
The public prosecutor has the obligation to institute criminal proceedings.
Art. 113
The judicial safeguarding of rights and legitimate interests before the
bodies of ordinary or administrative justice is always permitted against
acts of the public administration.
Such judicial protection may not be excluded or limited to particular kinds
of appeal or for particular categories of acts.
The law determines which judicial bodies are empowered to annul acts of
public administration in the cases and with the consequences provided for
by the law itself.

The Italian Parliament currently is the core of legislative powers and organised crime… Changing this part of the Italian constitution would be a necessary step for officially merging the two sides of the same medal.


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