What should be done?!

What should be done?!

Many friends ask me this question.

I am listing once again some legal interventions that need to be made as soon as possible, to somewhat stabilize criminal justice:

1. The measure of imprisonment should be strictly applied to persons caught in flagrante delicto and, in extreme cases, to defendants accused of crimes against life. Punishment is called punishment, not arrest!

2. The court cannot be allowed to overstep the prosecutors' claims, worsening the position of the defendants. The appellate court cannot be more punitive than the court of first instance. We need an arbitral court, not a party court!

3. Corruption as a criminal offense should be limited to officials and not to businesses or citizens. The latter should be considered victims of the criminal offense and should be protected.

4. The initiation of criminal proceedings must be strictly based on classical means, prohibiting popular, political, false and anonymous informants.

5. The tactical game of merging and splitting cases should be strictly prohibited. Either investigate thoroughly and reach a fair conclusion, or there is no legitimate investigation.

6. The wiretapping and intimidation of judges by the prosecution must be stopped.

7. The use of wiretaps as evidence and of illegally obtained evidence must be immediately stopped as a serious abuse of freedoms and rights. Wiretaps are tools to get to evidence, not evidence itself.

8. Prosecutors should be legally responsible, at a minimum there seems to be disciplinary responsibility, for abusive proceedings, without convincing evidence-based information.

9. Property investigations should be related exclusively to the criminal offense related to property and not to any rumors.

10. The publication of data obtained through intrusions into private life, with consequent uselessness and invalidity, must be strictly prohibited. The prohibition of people's trials with findings from house searches or surveillance of means of communication must be an absolute obligation.

I consider these to be immediate measures that need to be taken.

Of course, in a second phase of normality, not too far away, we need a unique Code of Procedures that will be a protocol of conduct for every criminal trial. I say unique because special trials must end. 

We cannot have one procedure for normal/ordinary trial and one for abnormal/extraordinary trial. We cannot go on with Nuremberg trials.

We also need a new Criminal Code that decriminalizes society and places proportionality at the foundation of punitive logic. A European Criminal Code that protects life, property, family, business, and dignity.

And yes, we definitely need a strictly unifying Supreme Court and a Constitutional Court, not as a fourth instance but as a direct constitutional guarantee.

But until then, stabilizing interventions of the type I described above are required.