17 Jun form Cartabia

The Cartabia reform in the criminal trial was an important step forward in the evolution of the Italian judicial system. Introduced in 2021, this reform brought significant changes to the Criminal Procedure Code, with the aim of improving the efficiency and effectiveness of criminal proceedings, while guaranteeing the fundamental rights of the defendants. One of the main innovations introduced by the Cartabia reform concerns the acceleration of the process times. Previously, criminal proceedings in Italy were notorious for their length and complexity, with many cases dragging on for years or even decades. This situation entailed huge costs both for the State and for the citizens involved in the processes, as well as creating a sense of injustice and frustration among the people involved. The reform has introduced a series of measures to reduce the length of criminal trials. For example, provisions have been implemented to speed up the preliminary hearing phase, which is the moment in which the admissibility of the charge is assessed and it is decided whether the case should be brought to trial. In the past, this phase could last for months or even years, but the Cartabia reform has established time limits for the completion of the preliminary hearing, thus contributing to a greater speed of the process. Furthermore, the reform introduced new provisions to promote conciliation and mediation between the parties involved in criminal proceedings. This was a significant move to lighten the burden of the courts, allowing the parties to reach out-of-court settlements in a shorter time. Conciliation and mediation can be particularly useful in cases where an amicable resolution is possible, as in some civil disputes or minor crimes. So, the Cartabia reform has sought to ensure that the resources of the judicial system are concentrated on the most complex and most important cases. The Cartabia reform has also introduced important changes regarding the precautionary measures. Previously, the use of precautionary measures, such as prison custody or a residence ban, it was largely discretionary and was often overused, leading to prison overcrowding and a limitation of the rights of defendants. The reform has imposed restrictions on the use of precautionary measures, establishing that these should be applied only when strictly necessary, and introduced the possibility of alternative measures, such as electronic surveillance, to reduce the indiscriminate use of pre-trial detention. Another important innovation introduced by the Cartabia reform concerns access to trial documents. In the past, access to the documents was limited only to the parties involved in the criminal proceedings, creating a situation of information asymmetry and limiting the possibility of defending oneself adequately. The reform has extended access to the documents also to the defense and the civil party, ensuring greater transparency and fair defense for all those involved. The Cartabia reform has introduced important changes in the field of juvenile justice, aimed at ensuring greater protection and safeguarding of minors involved in criminal proceedings. Protection measures for child victims of crime have been strengthened, as well as for juvenile offenders, with the aim of promoting their social reintegration and reducing the risk of recidivism. In addition to the changes mentioned above, the Cartabia reform also introduced provisions aimed at improving the efficiency of the investigative activity and guaranteeing greater protection of the rights of the subjects involved in the criminal trial. For example, measures have been implemented to regulate the use of telephone and environmental interceptions, in order to avoid abuses and ensure that these are used only when strictly necessary and in compliance with the principles of proportionality and confidentiality. Furthermore, the reform introduced new rules on the prescription of crimes, in order to avoid criminal proceedings extending for an excessively long time, thus risking nullifying the effectiveness of justice. Stricter limitations have been established for the statute of limitations for offences, to ensure that trials are concluded within a reasonable time and that victims and defendants have access to timely and fair justice. Another important innovation introduced by the Cartabia reform concerns the figure of the trusted defender. This figure, already provided for in the previous legislation, has been strengthened and enhanced to ensure a better defense of the defendants, in particular of those who find themselves in a situation of vulnerability or who need particular professional skills. The trusted defender can also be appointed in the investigative phase, thus ensuring the protection of rights from the early stages of the criminal trial.

Importantly, the Cartabia reform has been met with mixed opinions. If on the one hand he has attracted appreciation for his efforts aimed at reducing trial times and strengthening the protection of defendants' rights, on the other it has raised some criticisms and concerns. Some argue that some measures could limit the effectiveness of investigations, such as restrictions on the use of wiretapping. Others question the effectiveness of the statute of limitations provisions, arguing that they could lead to greater impunity for complex crimes. However, there is no doubt that the Cartabia reform has represented an important step in the modernization and adaptation of the Italian criminal process. Its provisions aim to ensure a balance between the efficiency of the system and the protection of the fundamental rights of the defendants, as well as greater attention to the protection of minors and victims. It will be important to closely monitor the implementation and effects of the reform over time, in order to evaluate its effectiveness and make any necessary corrections to guarantee an increasingly fair and efficient judicial system.