Sometimes this happens when you live a situation too good to be true, I know: a beautiful girl has just agreed to go out to dinner with you. I can not believe!, It says the fortunato.Molto more often, however, the experience is dreamlike para negative type. A typical example concerns the applicant and the initiatives taken by the political class in many industrial sectors, it is incredulous. At least, I remain in disbelief that I have some experience, that of Justice. Then I realize that it's all true and I .... angry, then I get down, then I rassegno.Veniamo to the point: the so-called package sicurezza.Per the truth, remarkably, there was something clever quote: they abolished the plea agreement on appeal (at least, so says the first version of the text found on Kataweb). This is one of the situations para dream of the first type, those of the beautiful girl who agrees to go out to dinner with you would not believe. And in fact I know that will not resist the subsequent adjustments and that the plea agreement at the end we end up re-introduced to the fury of the people ... avvocatesco.Poi there is another smart thing: the subordination of the suspended sentence to eliminate the consequences of crime. To understand what it is you need to know is that if a criminal record and was sentenced to a term of less than two years imprisonment, should not be in prison the sentence be suspended for five years and if this does not commit other crimes, not the never will suffer, and if you commit another crime and suffers the penalty for the offense again that what had been sospesa.Bene, this benefit, says the new security package, may be granted only if the offender removes the harmful consequences of the crime, in short if you put everything in place or the damage cagionato.Una matter of course, you can think of, but in our criminal justice system is the obvious short supply, and one thing has never been so smart vista.Anche here one thinks, but really this beautiful girl is having dinner with me? Then he discovers that it is All true, but only for the offense under Article. Code 635 penale.Di What is this?, Well, it's the crime of his girlfriend cheated on her, one that goes under the house of her boyfriend and the car line or the hole gomme.In these cases, says the package security, the bride will go to prison if it brings the machine from the body shop for repair or buy a set of tires new. elnig all other crimes? I know, a villa built on top of a cliff by the sea, in an area subject to landscape and, of course, built without a license. Or a nice 10-storey tower block built in the area a public park. Or a contract awarded to those who do not have it and that was because it had paid a substantial envelope (with obvious damage to the contract should have been those who have access). Or a public supply operation with waste material. Or a nice false accounting by which the administrator of the company has taken away the liquidation of the 200 or 300 members who had invested ... Or you do, everything you read in the newspapers every giorno.Ecco, for all these offenses, the speech does not apply. Here, the probation is granted immediately, the house or building is not demolished nor taken away to those who have built that continues to stay inside, the contract has now been run and bills are paid, any damage will be required with a nice lawsuit (so everybody knows that civil courts have so much work and little time available) and if all goes well will be paid in ten years. And the false accounting? Well, but for that, you know, not even start the process ... So we understand that we are in the usual bad dream and that is unfortunately everything just falls into a nightmare vero.Dove is when we read the new ultimate weapon for combating illegal immigration, the instrument rise again homelands fate and free Italy from the endemic scourge of illegal immigrants: the new crime of illegal immigration, punished from 6 months to 4 years.For understand well what a mess we're chasing, so it's going to ordine.Chi illegal immigrants in Italy, according to our Solon (it is a famous ancient legislator) commits a crime must be reato.Ogni and denounced the author of it must be tried. Then becomes imputato.Come every defendant, including this, which we now call Ben Ali Mohamed must be registered under investigation (Mean Time - a good secretary - minutes 5) Ben Ali Mohamed is detained because in truth Solon thought to require that illegal immigrants should be required to arrestato.Siccome Solon also thought that Ben Ali Mohamed must be considered with ritual direct way, within 48 hours our Tribunale.Questo is taken to mean that: 1) The PM should prepare a request for review with Rite direct way (mean time 5 minutes - the measure probably will be prepared once and for all and should only be completed with the identity of Mohamed Ali Ben and some other variable data) .2) You must also record the thing in general log information (mean time minute 1) 3) Then, this request must be submitted to the Court that he should write it down in the computer record (1 minute average) and set the hearing .4) Meanwhile, the PM has done: he must order the escort to bring Ali Ben Mohamed in court tomorrow or the next day: average 1 minute, you do everything via fax.5) has yet to cite an interpreter for the trial because Mohamed Ben Ali does not speak Italian, or at least says he does not speak and you can not prove the other (average 1 minute) 6) Naturally, the interpreter must be paid and this requires a series of administrative tasks (say, average minutes 5) 7) Finally, the prosecutor must cite the witnesses (would be the cop who has caught the underground) another measure, another fax, average time 1 minute. Maybe the policeman has just finished his shift is on duty or in another place, but must bear in court to say that in fact he hit the underground and that this was not allowed to stay. It has to come to power because his report what he had written and then tells you how things are done, can not be taken to court if the opposing lawyer, and, indeed, if the lawyer does not would not oppose his duty, which consists, inter alia, in the process should last as long as possible to delay the moment of decision and to get to prescrizione.Se Ben Ali Mohamed is brought In court, if the interpreter is, if the officer is, the process is done (1 hour average): questions the witness, PM and defender speak a little 'and explain why the accused should be convicted and acquitted, the Judge retires and then comes back and reads the sentence. Will be expected to sentencing and the rate will settle at the minimum (always happens) 6 months, unless extenuating circumstances, 4 months, maybe the punishment will be converted into fine, € 38 per day for 120 days, equal to 4560 euro.Poi But the judge still has to write the sentence (half hour mean time, here is expected to report a pre-printed form). In short, to do all this worked 1 PM, a judge, two secretaries (One MP and one of the court) a registrar of the court hearing, a variable number of police officers (who arrested him, who did the report, who took him to jail, etc..) Penitentiary police escort, 1 interpreter and an administrative officer who has paid the fee which touches. Average total time (excluding the work of police & C) hours 2.In reality almost always the most direct process will not be, because that day there are direct way of 15 or 20, there is not only illegal immigration providing direct way the rite. Still commit crimes to carry firearms and yet there are cases of direct route to rather serious crimes (eg drug trafficking), and then we are the other crimes of the Bossi Fini that compete in this new arrivato.Insomma in 70% of cases (but I'm optimistic), the process will be postponed. WHEN? Well, from 1 month to 6 is of course illegal mesi.Il around on his own immediately after sentenza.Eh already, because if it is uncensored, Mohamed Ben Ali has the right to probation, there will be a particularly pena.Ma Lots of reasons for which in reality will be acquitted Mohamed Ben Ali. The point is that the Criminal Code provides for exonerating (it would be a cause of justification): the state of necessity, for instance (Article 54 of the Criminal Code). Perhaps Solon does not know, but it is something that applies to everyone, even for if the clandestini.Così Ali Ben Mohamed said he had entered Italy with a tourist visa to be with his wife and little boy who were here legally, then his wife ran off with another man, leaving him and the little boy; mica and he could leave the little boy in the middle of the road here that the court acquitted him for having acted in precisely the state of necessità.Oppure Ben Ali Mohamed could say that his sexual preferences are not entirely orthodox, and that in his country those like him do bad things and the final, so he to his country just can not go back. And here was to necessità.Oppure ... but here the imagination (and skill of a good defender) can be exercised and the fact that it carries very liberamente.Sicché this heinous illegal immigrant is convicted is not really quite certo.In However, even if convicted, Mohamed Ali Ben rarely remain in prison. And even if there remains, after 9 months should be thrown out by express provision of law (these are the rules on the terms of custody, this horrible thing that is always insulted except, apparently, for Ali Ben Mohamed). Be that as it , Mohamed Ben Ali has another right (I know, is not good that you recognize all of them, however, that they want to do, is the law) may appeal against the sentence. And since the call does not cost anything, also because it has a defender office that is paid by the State (by the people to the truth, that is, even by me, damn), he does it mean that sicuro.Questo the Registry of the judge who sentenced him should be all to the Court of 'Appeal which then must do a number of notifications and then a new table processo.Non want to redo the timing and methods described above. But everyone understands that this is not without a certain number of people over there and work for a certain period of time. Oh, and here the judges who must deal with Mohamed Ali Ben are 3.Se the sentence is confirmed, it's not over. Because Ben Ali Mohamed has this right to appeal to the Supreme Court, where five other judges will take care of him, and everything after an endless series of transmissions acts (in Rome !!!), notifiche.E procedural steps and maybe the Supreme Court confirm that Mohamed Ali Ben is really guilty and that his sentence is giusta.Ma, and here it gets interesting, in fact, Mohamed Ben Ali should not be in prison, should be expelled, Solon decided that the judge, with the conviction, orders the expulsion. This thing is beautiful, Solon, just do not know or did not understand anything of what succede.Dunque, deportation order, you start the administrative procedure for the expulsion of Ben Ali Mohamed. In a nutshell the commissioner's notification provision that says he must go via.Ovviamente Ali Mohamed Ben cares via.Resta and should not be illegal to do that at this point has also committed another crime, as stipulated in art. 14 paragraph 5 ter of the Bossi-Fini. So when they take it again, I also claim to this new reato.Anche for this offense is the express line, and then reopen everything scenario described above, a lot of people working on Mohamed Ben Ali for a long time. Solon You should know that the acquittal is the norm, and not because the judges are a bunch of incompetent, lax, communists. But because the situation (true, very true) and Mohamed Ben Ali has said the judges seguente.Cari I tried to comply with the order of expulsion and, at my expense, I went to the border with Spain, but then when I showed him a deportation order (not my documents because I do not have it, I have stolen them - as they say, if it is true is well-found) I said it was not even mentioned and they did not make me come. So I tried in that order and always at my expense, in France, Switzerland, Austria and Croatia, but even there I have driven via.In air, again because of the lack of documentation, I wanted to pick up. Then I tried with a ship, but even there I wanted. What can I do? Oh, says the PM, perhaps he's right, I know that this is true if one does not have documents. But Ben Ali Mohamed a dodger and documents we have them, just do not want them to see and mente.Eh not, jump on the defender, the prosecutor can not "assume" (while a grin is compatible) that my client has the documents and that fails to do so voluntarily, he must "prove". You can try the PM, tell me he can try? The PM you little little and a little voice that says ... The judge actually assolve.Alì Mohamed Ben probably end up in a CPT (this is beautiful, the new security package contains a provision critical to the fight against crime in general and the of illegal immigrants and not in particular: the detention facilities do not call anymore, they will call from now on identification and deportation centers. In short, no more CPT CIP but that, objectively, is more tender, reminiscent of the cartoon squirrel). Maybe the judge who judges Mohamed Ben Ali, for once, is neither incompetent, nor lax or communist, and even here condanna.Così Ali Ben Mohamed appeals, appeal, and while running in the street where it damages. Yeah, because since it is illegal and prejudiced, can not find work. He also has the habit of eating, then at home wives and children there are children who need to eat them. So that will do: split, probably, or is smuggling of cigarettes and sells bootleg CD (this is very serious, that other Solon, to first, had included a sentence of up to 8 years in prison!). This scenario, according to Solon now, should be multiplied by 650,000. Maybe its not 650,000, maybe 500,000, maybe 400,000. Who knows? Both the courts and only needs to gear up to fulfill its institutional duties, without sterile and unconstitutional power struggles with politico.E 'ridiculous to think of it, appear to say or scriverlo.500.000 processes for this new crime could never be facts. It is true that you can not get worse a penal system like ours. E 'already dead anyway ... the tutto.Ma. Cosa.Forse last there is no reason to be so pessimistic: Maybe nothing will happen questo.Vedete all, the text of the decree that there was security on Kataweb this new offense is intended as "an alien who is entering the territory of the State in violation of the provisions of this Consolidated (would the immigration rules) etc shall be punished. "This means that the offense is committed when the alien entered the territory of Solon Stato.Siccome also knows (knows?) that there is art. 2 of the Criminal Code which says that nobody can be punished for a fact that under the law of the time it was committed did not constitute a crime, and as this new law was not there (because it is new) when they entered the 650,000; here is that our illegal immigrants can be quiet. They entered illegally when it was not reato.Certo, may be expelled, move up, not reported because they obeyed the order of expulsion, as usual. But for the crime of illegal immigration can not be processati.I new ones that will come after the entry into force of the law, the suspect must be brought to justice. And since there should be absolutely stupid, or at least their lawyers something to suggest, of course we will say that it is true that they are illegal but they entered in 2007 (to do so) and then no one ever stopped them ... .. We hope that are pochi.Domanda finale.Se Solon immigrants do not want to own them, but because it expels them alone with lots of good administrative decisions made by Quaestors, prefects, mayors and Company vocalist, and does not leave the judges alone to do their job? "I would have a bit 'of false accounting, tax fraud, corruption and Robette such waiting on my desk ...Bruno Tinti (Editor Toghe routes)
