John Hooper
Crime and punishment, Italian-style
The Guardian, Wednesday October 22 2008
This is only the hundredth time I find an article in the British press that ridicules or harshly criticise Italy.
Honestly, I can only guess why this has intensified lately on the Guardian, but it not the case of discussing the contingent reasons here.
The content, rather than the style of this article, is appalling. The journalist, attacks the Italian judiciary institution of the civil party in crime trial. He reports, I hope partly, the authoritative opinion of an Italian magistrate, the equivalent of the British QC. The Italian expert explains that such "civil party" is there to seek compensation representing the victims' next of kin. In the UK, the journalist continues, such thing can be pursued only in a separate civil action. Why is it better to lead two separate proceedings for the same fact is left unsaid. On the contrary, the sole acknowledgment of a third party damaged by a criminal conduct, and the permission to have a say in the trial gives dignity and substance to those left to mourn. Not considering the obvious redundancy of a double procedure, before different judges, that have different competencies. Our right has very deep roots and frankly I think we have very few to learn about fundamentals in the field, especially from this kind of shallow articles. More to the point, however, the third party represented in the case mentioned is an English couple whose daughter was murdered in Italy last year. Now, if someone has to pick on Italy, there is plenty to choose from, but t least when we apply the fairest conditions, we should be left alone.



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