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Justice

MANIFESTO FOR THE SEPARATION BETWEEN CAREER prosecutors and judges

IL SOLE 24 ORE 06/02/2009

I . The separation between the judiciary and the prosecution's decision is the essential fact that connotes judicial liberal democratic and distinguishes them from those in authoritarian inspiration.
The functions of prosecutor and judge are radically incompatible: they can not be conceived of as two sub-functions of the same function as a 'judicial authority' and its organs can not be united regulated directions in a single organization.
The two functions are different between them on all levels: the roles and purposes, the specific professional cultures, the locations in the process structure, relations with the protective functions.
II. For the two functions of prosecutor and judge, and for the fact that the exercises are worth different constitutional principles.
The prosecutor is a party, the court is independent and impartial.
The public prosecutor is prosecuting authority, power, in its dutifulness, includes unavoidable moments of freedom of discretion, the court is subject only to the law and therefore the exercise of jurisdiction is marked strictly by the rule of law. The prosecutor
grow in a relationship of equality with the other parties, the dialectical tension of contradictory epistemological as a tool that provides the best reconstruction of the facts and then the best decision, the judge is unrelated to the dispute and overarching dialectic between the prosecution and defense .
It is therefore impossible that two subjects of the proceedings, the prosecutor and the judge, irreducibly different in configuration constitutional, institutional and function are united into one organization regulated directions, leading to a statute that promiscuity is reflected also in the process and distorts the structure of genuine parts.
III. The current structure regulated directions, a tributary of authoritative views, should be reformed to establish, through the separation of the organizations of prosecutors and judges, a system of administration of justice inspired by the rules of due process, ensuring a full impartiality and impartiality of the judge independence of prosecutors from political power.
IV. The fundamental value to be pursued is the impartiality which must descend to the decision, that is the right decision, because that is such a decision under the rules and facts, without opportunity to satisfy requirements inspired by political interests, collective or individual.
The right decision must be the product of ordinary and procedural structures that ensure the reliability of social citizens, inspired by the immediate common sense, does not believe in the right to be tried by a decision taken by a judge who agrees with the person who accuses him the same location institutional. The court "colleague" of the accuser is "technically" unreliable as to jurisdiction and is "politically" not credible for the accused and society.
Oreste Dominioni-President of the Italian Criminal Chambers of the Board UCPI