With the preliminary draft of the Prison Process Regulation that got here to gentle, we’re as soon as once more witnessing a materialized legislative initiative, as is common with extra shadows than lights. On this preliminary draft one factor stands out above the others and it’s the attribution to the Public Prosecutor’s Workplace of the instructionThis incessant political will along with the necessity to specific a partisan achievement to the general public opinion has been what has pushed this legislation. As a consequence, we discover ourselves with a blueprint parcheado, casposo, a compilation of earlier drafts that can be completely out of date and outdated with a procedural technical construction in a few of its factors extra typical of the Paleolithic than of present occasions. A legislation that if revealed in these phrases will likely be born outdated and old-fashioned.
Already in its explanatory memorandum, this preliminary draft refers back to the competences of the instruction as follows:
“… The implementation of the European Public Prosecutor’s Workplace inevitably requires the articulation of a brand new procedural system, another mannequin to that of judicial investigation that enables the competent European Union physique to imagine the features of investigation and promotion of felony motion , whereas a nationwide judicial authority, configured with the standing of an genuine neutral third occasion, is liable for guaranteeing the safeguarding of elementary rights… ”Nicely, if we convey up article 2 of Regulation 50/1981, of 30 December, which regulates the Natural Statute of the Public Prosecutor’s Workplace offers: “The Public Prosecutor’s Workplace is a physique of constitutional relevance that has its personal authorized persona, built-in with practical autonomy within the Judicial Energy, and workout routines its mission by way of its personal organs, in accordance with the rules of unity of motion and hierarchical dependence and topic, in any case, to these of legality and impartiality. “
Due to this fact, the attribution of the instruction to the Public Ministry requires a deep reform of its Statute Natural that ensures the consent each on the a part of public opinion and on the a part of the opposite powers of the State. With this preliminary draft, the home has been began on the roof, and with none prior ensures.
This modification of rudder is one thing very, very advanced in any respect ranges, since, to ensure that it to take form successfully and actual, they have to be concerned completely different Administrations Public with robust investments of spending that, as well as, enable to allocate massive financial gadgets that assist to restructure the judicial plant and the reorganization of all the group chart of the general public justice service. This preliminary draft arises as a capricious legislation that, blinded by giving a brand new command to the investigation, leaves a decide of ensures in a considerably extravagant place, from the articles to make issues worse it’s clear that it isn’t identified very properly what to do with it, attributing nearly any competence and leaving the Lawyer of the Administration of Justice in a authorized limbo between the Decide and the Prosecutor, forgetting in lots of actions that the Prosecutor is just not assigned the jurisdictional perform.
He continues so as to add in his explanatory memorandum:
“… The regulation and content material of the investigative exercise is adopted, within the textual content of the legislation, by that of its procedural construction. With it, ebook IV begins, totally devoted to the sequential exposition of the three main phases of the process: investigation, the prosecution trial and the oral trial. Though the majority of the novelties which might be launched on this space are starting to turn into evident because of the regulation of the earlier police inquiries, and the norms devoted to the grievance reveal sure options of modernity and a normal guideline of adaptation to the cultural and cultural context. technological of our time … ”
With a bit look it’s clear that that is nothing greater than a mere declaration of intent. The reason being easy: this legislation is articulated with the fundamental concept of the handwriting of yesteryear and with the whole extinction of the digital judicial file.
This textual content stands out for its marked character anti-tech and archaic, as is evident from nearly all its articles. For example, article 321.1, first paragraph, which offers: “1. The assertion of the investigated particular person will likely be recorded in a written document that can embrace the date, the names of the attendees and the content material thereof.…” Manuscript?
When the Natural Regulation of the Judiciary in its article 230.three offers: “…Oral proceedings and views recorded and documented in digital format will not be transcribed, besides within the instances supplied by legislation …”, Is making a transparent assertion of intent: migrating to know-how and implementing it’s a necessity if we need to sustain and never be left behind.
This draft, as I say, is born completely old-fashioned, it speaks of written information, transcripts, testimonies of the Lawyer of the Administration of Justice on acts wherein it doesn’t intervene. There are quite a few articles, 150. 152, 321, 629… and so forth, the place the duty to document, document, and transcribe is consistently expressed. It doesn’t make sense, it’s contradictory, they go towards the advances and intentions of the Natural Regulation of the Judicial Energy and the invoice of procedural streamlining.
From a strictly technical-procedural standpoint, the textual content makes waters in each one among its articles. It’s a textual content primarily based on a substance and a transparent political will with none sort of procedural high quality that eliminates and destroys constitutional ensures, such because the Public Religion. This, which is the assure par excellence by advantage of which the acts are thought of true and actual, finally ends up completely extinguished and eradicated at a stroke on this draft. This represents yet one more assault on the authorized certainty of the process. Past slogans and propaganda, it isn’t de rigueur for a contemporary and superior democracy. It’s crucial to alter the mentality and bear in mind that the virtuality of the Administration of Justice is important. This have to be a procedural textual content, of prosecution, and subsequently, it has the authorized obligation to give attention to the method and the process
With out questioning the nice political intention of any authorities, its dedication to deal with genuine, mammoth procedural reforms with the intention of enhancing our rule of legislation, however at all times with the premise of doing so is critical. zero price and with virtually no funding. This propaganda dealing with the gallery, the one factor they contribute is to precarious a Justice that in itself is already drastically diminished because of the lack of funding.
The scenario is difficult, decentralization It’s a catastrophe for this public service exacerbated by the shortage of unity, however it is time for all authorized operators to row in the identical route. With a public service comparable to that of Justice, it mustn’t turn into politics, a lot much less frivolize with it. The wants of Justice are actual, however they’re completely different and the interventions should be geared toward consolidating our rule of legislation, sanitizing our democracy and defending and guaranteeing good social coexistence.