National Antimafia Bureau Italy

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National Antimafia Bureau - Italy

• The Rule of Law

• One of the core principles for
• Lasting peace
• Security
• Democracy
• Human rights
• Sustained worldwide development
• Economic progress
• Declaration of G8 Foreign Ministers on the Rule
  of Law (Postdam, 30 May 2007 )

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National Antimafia Bureau - Italy
Peaceful and Sustained Globalisation

• To achieve this goal, the following principles
  are of special importance
• The rule of law
• Equality before the law
• Answerability before the law
• Legal security
• Transparency
• Equal access to justice
• Independence of the judiciary
• Avoiding arbitrariness of law
• Preventing corruption

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National Antimafia Bureau - Italy

• Main International Instruments on Human Rights
• Universal Declaration of Human Rights (UDHR,
  1948)
• International Covenant on Civil and Political
  Rights (CCPR, 1966)
• Convention Against Torture and Other Cruel,
  Inhuman or Degrading Treatment or Punishment
  (CAT, 1984)
• European Convention for the Protection of Human
  Rights and Fundamental Freedoms (CEDU,1950)
• Arabian Charter on Human Rights (ACHR, 1997)

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National Antimafia Bureau - Italy
Common Rules and Standards

• The right to freedom
• The right to be treated humanely
• The right against torture or cruel, inhuman and
  degrading treatment
• The right to medical care
• The right to a counsel
• The right to a fair trial
• The right to be tried without undue delay

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National Antimafia Bureau - Italy
The rule of Public Prosecutor

• To respect the law
• To defence the rights of citizens
• To represent and protect the interest of society
• To investigate crimes
• To guarantee the principle of equity
• To establish the truth
• To promote the principles of security and justice
• 
  
  

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National Antimafia Bureau - Italy

• The Italian Experience
• Main Constitutional rules
• Article 27 Rights of the Accused1. Criminal
  responsibility is personal.2. The defendant may
  not be considered guilty until sentenced.3.
  Punishments may not contradict humanity and must
  aim at re-educating the convicted.4. Death
  penalty is prohibited.
• Article 112 Criminal ProceedingsThe public
  prosecutor has the duty to initiate criminal
  proceedings.
• 
  
  
• ..to be continued

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National Antimafia Bureau - Italy

• The Italian Experience
• Main Constitutional rules
• Article 101 Administration of Justice
• 1. The justice is administered in the name of
  the people.
• Judges are only subject to the law.
• Article 104 Independent Judiciary, Superior
  Council of the Judiciary
• The judiciary constitutes an autonomous and
  independent branch of government not subject to
  any other.
• Article 107 Disciplinary Action
• The members of the judiciary may not be removed
  from office. They may not be dismissed,
  suspended, or moved to other jurisdictions or
  functions except either by decision of the High
  Council of the Judiciary for reasons and with
  opportunity of defence as defined by the
  organisational law, or by their own consent.
• Judges may only be distinguished by function.
• The public prosecutor enjoys the guarantees
  defined by the organizational law.
• 
  
  

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National Antimafia Bureau - Italy

• Judicial Training
• Training is increasingly perceived today as the
  something which a judge/prosecutor is entitled to
  receive from the state
• Training is also a responsibility on the part of
  each judge/prosecutor
• Training is closely bound up with the
  independence of the judiciary
• Definition
• Organised communication of technical, practical
  and ethical skills to supplement knowledge gained
  from the exercise of ones own profession such
  imparting of knowledge is carried out in an
  organised and systematic way using a programme in
  which the operator is pro-active. (Italian High
  Council of Judiciary, 1994)
• That means that training is, above all else,
  teaching