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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

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What it means to be liberal YESTERDAY, TODAY AND TOMORROW

ABOUT FREEDOM '...

Freedom means being free, the condition of one who is imprisoned and has no restrictions, it is not contained or prevented. The freedom in the broadest sense is the power of man to act and think independently, is the condition of those who can act according to their own choices, in some cases due to a specific power conferred on him by law.
You can tell that whoever does something is free, when they have the choice, and action is the same: intelligent, spontaneous, contingent. Intelligent, as the free action implies knowledge of the subject of deliberation, without it, in fact, who could not be determined Resolution to follow the end of his action because it is not known. Spontaneous, as the cause of action is in those who act as a result of the will and not outside, because if not, the action would not be free but required by external causes. Quota, as the result of such action should not be an absolute necessity.

ABOUT LIBERALISM ...

We can say however that what distinguishes political liberalism in every period of history is the belief in the existence of fundamental and inalienable rights belonging to the individual and equality of citizens before the law (formal equality). The perspective of the individual and the enjoyment of individual freedom is considered the valid parameter for judging the goodness of a political / social. In this respect the powers of the State must meet strict limits to avoid violating the rights and freedoms of citizens. It follows the rejection of absolute monarchy in each of clericalism, and of totalitarianism in general, any doctrine that proclaims the sacrifice in the name of the individual for purposes outside of it.
The implications of liberalism in matters of religion and secularism and the separation of church and state:
"Free Church in a Free State" (Camillo Cavour)
But liberalism is layman because it asks the State not to interfere in individual moral choices:
"No one can force me to be happy in his own way (as he imagines that the welfare of others), but everyone can find happiness in the way that he looks good, they do not adversely affect the freedom of others to strive for the same purpose. "(Immanuel Kant)

I wanted in this latter premise, are needed to better understand certain number of concepts and reasoning. We are free when our ability to critique and opinion is such as to allow a conscientious choice. We are really able to choose only after we have properly documented, taking into account different points of view and after we asked about what line or not to approve. It 's a very difficult path for the many (but not impossible) and the policy does not love as much consideration and study, preferring to channel the thoughts of the masses for their own benefit and use. Many media have the task of atrophy critical capacity of each of us. The pure liberal, not falling for it. In any case too much freedom is dangerous because at least the lack thereof.

Certainly ... "It's not worth having if it does not mean freedom to have the freedom make mistakes "(Mahatma Gandhi) -

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G. Purposes only?

G. Fini's right, you know. It is expressed most recently in favor of respecting the plurality of opinion and freedom of choice (uhh!). The media would say that his, is a lone voice. Appears only. Not even his political group follows him. Abandoned by most of his political party, swimming with dignity and pride. Free thinker ... (Not in a free state would add).

I was impressed by this character and so I thought.

I noticed how the Internet is overflowing with blogs, forums, surveys ... giving individual freedoms and living wills as winners! In every survey that I visited, is a culture of respect and freedom to prevail. In contrast, the panorama of Italian politics is the exact opposite. And I wondered: "Why so much difference?" Something does not convince me.

And reflecting I realized that G. Fini, in fact, is not alone! Very good part of the common people, that is not political but it feels and acts only according to their conscience, is with him. Not all those on the right, in fact, agree with what is stipulated in politics. Indeed! Purposes is, among all of them, remained consistent, however, proving to himself to be legitimate and representative of the thought of the Italian people do not ideological.

Not bad, good.