Acquittal of a criminal lawyer, the ANM of Catanzaro: no cumbersome and obscure plot aimed at depriving an innocent person of freedom


By John

The sectional executive council of the National Association of Magistrates of Catanzaro intervened, with a note, “in light of the recent statements contained in the press release of the Calabrian Penal Chambers Coordination of 2.3.2024 on the occasion of the publication of a ruling for the acquittal of a well-known professional pronounced by the Court of Appeal of Catanzaro in reform of the first degree sentence”.

According to the magistrates of the capital “it seems necessary to recall the canons which every form of manifestation of critical thinking must be based on in order to be effective and credible. As is known, the Italian legal system contemplates, in the exercise of Jurisdiction, three different levels of judgment in upon which the sentences issued can be confirmed or reformed: it is therefore in the physiological implementation of this system that a first degree decision has been reformed at the appellate level. There is no cumbersome and obscure plot aimed at depriving the freedom of an innocent but simple implementation of the Italian legal system which reveals its effectiveness in procedural dialectics. Nor can we give in to the untrue equation according to which the exercise of criminal action coincides with a conviction, so that the acquittal of the accused translates into the revelation of an illicit persecution: the trial is the unique place in which ascertain the truth – procedural, in fact – of the contested facts and the acquittal of the accused cannot be understood as a failure of the prosecution but as the result of a confrontation, vital for the jurisdiction, between all the parties. We firmly reject the serious and inadmissible statements aimed at describing the judiciary as a system cancerously drawn from the culture of suspicion, the actor of a shameful machine in which the innocent citizen is absurdly tried.”

“Tireless – highlighted the ANM – is the work of many Magistrates who come to Calabria from various parts of Italy and sacrifice their affections and personal lives in the courtrooms to guarantee all citizens full justice in obedience to constitutional and regulatory principles. Far away is the ethical misery of prejudice attributed to the judicial class which is silently committed to fulfilling its duty. Secularly sacred is the judge's freedom, within his perimeter of solitude and equidistance, within which he takes decisions that can be criticized in the appropriate forums and with the right dialogical attitude marked by institutional respect. Certain that what is stated in the statement in question does not interpret the thoughts of all the lawyers and in the hope of a more balanced and fair comparison, respectful of the dignity of all legal operators, GES expresses clear and firm closeness to the Magistrates of the District of Catanzaro”.