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.
The practical consequences of the latest regulatory changes are also under scrutiny. "Major investigations have decreased," he states, citing a "deflation of major investigations into the Mafia and public administration." This pattern, according to the prosecutor, is part of a broader trend of weakening investigative tools.
Gratteri then broadens his gaze to institutional balances. "The goal is to have a weaker CSM," he says, raising the risk of a self-governing body of the judiciary more exposed to political pressure. He warns of an even more critical scenario: "It's the closing of the loop, the tombstone preventing any type of investigation into public administration," he comments, referring to the possibility that the judicial police could end up under more direct control of the executive.
There is, however, a self-critical passage regarding the judiciary. "We must also say that the judiciary has made serious mistakes in recent years," he acknowledges, recalling the scandal that engulfed the CSM. But, according to Gratteri, the answer cannot be a reform that, in his view, risks "throwing the bathwater out with the baby," weakening the independence of magistrates and the protections for the most vulnerable citizens.
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Comments (1)
The article is very interesting, but I don't know if Gratteri is right in saying that the reform will harm the poor. Perhaps there are aspects that haven't been properly considered; justice must be fair for everyone, not just those with money.