By Dario Quintavalle

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• By Dario Quintavalle
• Senior Executive
• Ministry of Justice, Italy
• Court Manager of the
• Surveillance Court of Rome

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About Italy

• United country since 1861
• A democratic republic since 1946
• EC and NATO founding member
• 6th largest GDP in the world
• 2 best health care system in the world (WHO)
• The Cradle of Law
• First University in the world (Law School of
  Bologna 1088)
• First country to abolish death penalty (1786)
• Eurojust member

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Population and Immigration

• 60.000.000 people
• 4 million immigrants
• gt 300.000 Ukrainians ( Badanti caring ladies)

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Governance and Rule of Law

• Parliament bi-cameral
• Government
• Independent Judiciary
• President of the Republic
• Prime Minister
• 20 Regions

• Constitution
• Statute Law
• Law Decrees
• Administrative regulations
• Regional Law (not in Civil and Criminal matters)

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Jurisdictions

• Constitutional Court
• Ordinary (Civil and Criminal)
• Administrative
• Court of Accountants
• Military
• Fiscal

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The Magistrate Body

• 9000 ca. ( 3500 honorary judges)
• Independent and self-governed
• Prosecutors Judges
• Selected by public competition
• Career progression by seniority
• High reputation and prestige
• 27 magistrates killed (1969 1993)

Giovanni Falcone - Paolo Borsellino
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The Court System (Civil Criminal)

• Court of Cassation
• Court of Appeal
• Court of First Instance
• Justice of Peace

• General Public Prosecutor at the Court of
  Cassation
• General Public Prosecutor at the Court of Appeal
• Public Prosecutor

Prosecutors dispose of special section of Police
(Judiciary Police), co-ordinate investigations
and promote criminal actions
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Justice system

• Right to have 3 hearings, until Cassation
• No ruling is definitive and executive before
  Cassation
• If Cassation rules out, new hearings
• Appeal are new judgments and not revision of the
  precedent ruling (novum judicium)
• No jury trial but most serious cases heard by a
  Court of Assize composed of two professional
  judges, Giudici Togati, and six lay judges,
  Giudici Popolari,

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The Surveillance Courts

• 50.000 people in jail (1/2 of them foreigners
  but very few Ukrainians!), frequent amnesties
• Constitution forbids non-humane treatment
• SC superintend on the whole correctional system
• Decides on probation,
• enforcement of verdicts,
• alternative sanctions
• security measures

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Surveillance Justice

• Surveillance Court (Tribunale di Sorveglianza)
  operates as a court of first instance, and as a
  court of appeal towards the decisions of the
  Surveillance Judge.
• A Surveillance Judge (Magistrato di Sorveglianza)
  is a judge of first instance.
• Surveillance Court 4 members 2 judges 2
  experts (psychology, social services, education,
  psychiatry and clinical criminology )

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The Surveillance Court of Rome
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The Surveillance Court of Rome

• The Surveillance Court of Rome is the court
  competent on nationwide level on appeals against
  the anti-Mafia prison regime.

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Be our friend

• Web http//tribsorvroma.wordpress.com
• Facebook Tribunale di Sorveglianza di Roma
• Twitter http//twitter.com/tribsorv
• Flickr http//www.flickr.com/photos/46730249_at_N02
  

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Court Governance

• Supreme Council of Judges
• Chaired by the President of the Republic
• Elected by all Magistrates
• Appoints Chief Judges and Prosecutors
• Act as disciplinary court for Judges

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The Ministry of Justice

• Recruitment of Magistrates, Barristers, Notaries,
  Court Clerks
• 4 main departments
• Court Administration
• Prison Administration
• Juvenile Justice System
• Politics of Legislation
• 100.000 employees

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Court Administrators

• Executives of the Ministry of Justice
• In charge of Human Resources, Organization,
  Finance
• Subject to evaluation by the MoJ
• Not empowered until 2006

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1. Fight against organized crime

• Three main criminal organization (MAFIA)
• Special crime Mafia-style association
• DNA National Direction Anti-mafia
• PNA National Procuror Anti-mafia under
  surveillance of the General Prosecutor of
  Cassation
• Impulse and co-ordination of OC investigations
• DDA District Direction Anti-mafia (26)
• DIA interforce Anti-mafia police agency

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2. Fight against organized crime

• 41-bis prison regime mafia terrorism drugs
• a ban on the use of the telephone
• a ban on all association or correspondence with
  other prisoners
• a ban on meetings with third parties
• restrictions on visits from members of the family
  (once per month and visitors are only allowed to
  communicate by intercom through thick glass)
• a ban on receiving or sending sums of money over
  a set amount
• a ban on organizing cultural, recreational or
  sporting activities
• a ban on voting or standing in elections for
  prisoner representatives
• a ban on taking part in arts-and-crafts activities

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3. Fight against organized crime

• The Surveillance Court of Rome is the court
  competent on nationwide level on appeals against
  the 41-bis decree
• Confiscation of all assets and destination to
  social utility

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Ongoing Problems

• Organized Crime
• High Corruption
• Permanent conflict between politics and judiciary
• Excessive number of civil proceedings pending (5
  million)
• Excessive length of Criminal Proceedings
  several condemnations by ECHR
• Cumbersome legislation (20.000 laws) under
  codification

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• The most important Italian contribution to the
  Ukrainian Judiciary so far

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Espresso Coffee machines ! ?
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Questions? and Answers!