Naples – The decree proclaimed by the Court of Naples will be four days of abstention from hearings. Criminal Chamber in Naples for October 14, 15, 16 and 17, on the occasion of the maxi-trial of the Moccia clan, one of the most powerful and widespread organizations of the Campania Camorra.
The decision came at the end of a meeting in the New Palace of Justice, with the approval of a resolution signed by President Marco Muscariello and Secretary Maurizio Capozzo.
The reasons for the protest
At the heart of the criminal lawyers' mobilization is the accelerated hearing schedule: three or four hearings per week, with the examination of twenty to thirty witnesses per day. This pace, described as "unsustainable," risks compromising the quality of cross-examination and the right to an effective defense, defense attorneys emphasize.
Added to this are the chronic difficulties in interviewing inmates at Poggioreale, where overcrowding and organizational constraints make it difficult for lawyers to meet their clients regularly. These are two aspects that, according to the Criminal Chamber, "undermine the centrality and inviolability of the right to defense in a constitutional state."
“Not a symbolic protest”
"Our abstention," the criminal lawyers write, "is not a symbolic gesture, but a necessary tool to forcefully reaffirm the defense's role as a bulwark of legal civility in a democratic system."
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The context: the issue of releases from prison
The case comes at a particularly delicate time for the justice system in Campania. In recent months, there has been controversy over the early releases of bosses and associates of various clans – including figures linked to the Mafia cartel. Moccia – due to procedural quibbles, formal defects, or the inability to respect trial deadlines.
These incidents have fueled mutual accusations between the judiciary and the legal profession: on the one hand, those demanding quick and efficient trials to target criminal organizations, on the other, those denouncing the restriction of the right to defense as a risk to those very constitutional guarantees.
A high-voltage process
The Moccia maxi-trial, which began amidst a thousand precautions and with dozens of defendants, has already become a test for the Neapolitan judicial system. The stakes are extremely high: on the one hand, the need to bring to justice one of the Camorra's most influential clans within a reasonable timeframe; on the other, the risk that the repressive frenzy will fuel new appeals and further releases.
For now, the floor is given to the lawyers, who with their protest intend to shed light on a crucial issue: can a fair trial really be conducted at assembly-line pace?
Comments (1)
The lawyers' abstention seems like the right response to the problems in the justice system. However, it's important to strike a balance between speed and quality in trials. We hope a solution that works for everyone is found.