The prosecutor of Naples Nicola Gratteri takes a strong stance against the recent statements of the Minister of Justice Carlo Nordio and against the bill on the separation of careers.
In an interview a Republic, Gratteri he defined as “fair” the request of the Superior Council of the Judiciary to open a case to protect the judicial institutions in response to the minister’s statements: “The minister’s statements are generic, devoid of institutional sense and fired off in the crowd”.
Gratteri has not yet decided whether to participate in the protest against Nordio during the inauguration of the judicial year, but he does not hide his disappointment at the accusations of an alleged abuse of power by the public prosecutors, described as “supercops”. “The minister cites specific cases – says – and specify whether he has ordered disciplinary actions, inspections or investigations. But I doubt that he has concrete elements”.
On the separation of careers: “An attack on the autonomy of the prosecutor”
According to Gratteri, the separation of careers represents a direct attack on the independence of the judiciary. "They want to weaken the prosecutors and bring them closer to political control. Separation is often called for after excellent acquittals, but it is a paradox. If a judge acquits, he demonstrates his autonomy. Belonging to the same order does not influence decisions: judges answer only to the law and their own conscience."
The magistrate fears that the constitutional revision bill will lead to serious consequences for the judicial system: "The separation of careers will transform prosecutors into super-policemen, making them lose the culture of jurisdiction and impartiality. For those who cite Falcone and Borsellino, I remind them that both have held roles as both judges and prosecutors. This is the model to be preserved."
Criticisms of the system and the limits on wiretapping
Gratteri supports the proposal to draw lots for the members of the CSM to avoid appointments dictated by political agreements, but he harshly criticizes the recent justice reforms, defined “dropped down from above by people who do not know the reality of the courtroom.”
Among the most damaging measures, the magistrate indicates the stop to wiretapping after 45 days: “This rule paralyzes investigations. Wiretaps are authorized by a judge based on precise and stringent criteria. Limiting the time means giving advantages to criminals: for example, in a kidnapping, the kidnappers will not call before 45 days, knowing that the wiretaps cannot be extended. This does not make sense.”
Gratteri concludes by issuing a warning: “The system was built without considering the real impact on the work of magistrates. The consequences will be a disaster for justice and for the security of the country”.
The referendum campaign enters its most tense phase following statements by Naples prosecutor Nicola Gratteri, who attributed the vote in favor of the reform to "those under investigation, defendants, deviant Freemasonry, and centers of power that would not have an easy life with an efficient justice system." These words triggered a cross-party backlash across the political and institutional world. The…
A harsh, unvarnished attack. Nicola Gratteri raises a warning that sounds like a preemptive condemnation of the justice reform currently under discussion. "With this reform, poor defendants will be less protected," warns the Naples prosecutor, outlining a scenario in which, in his view, the criminal justice system would ultimately favor those with greater economic resources and power relations.
The core of the criticism concerns the role of the public prosecutor. "If the prosecutor is simply the accuser, no longer obligated to also find evidence in favor of the accused, we are implementing a reform that harms at least 90% of citizens who encounter legal problems," Gratteri argues, emphasizing the idea of the prosecuting magistrate acting with balance, almost like a judge called upon to also evaluate evidence favorable to the suspect. "I have always done this and have tried to teach it to young magistrates," he adds, citing the number of requests for dismissal filed in Naples as evidence of an approach that isn't solely prosecution-oriented.
Sicurezza e criminalità: «Napoli è una città effervescente, nel bene e nel male». Parte da questa considerazione il procuratore capo Nicola Gratteri, intervenendo a margine della cerimonia di inaugurazione dell’anno giudiziario del distretto partenopeo. Una città dove «si spara», ammette Gratteri, ma che al tempo stesso registra «un’altissima percentuale di reati scoperti, di fascicoli che…
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