“I fear that the separation of careers will create a prosecutor who is increasingly closer to the prosecuting attorney and, therefore, increasingly intent on seeking a result in any case.” The separation “is the natural consequence of an accusatory process where the parties, prosecution and defense, are on equal terms before a third judge”. These are the opposing theses illustrated, the first, by Marco Bisogni, member of the CSM, and the second, by the former Milan prosecutor Antonio Di Pietro, during a discussion in Lamezia Terme, in which Giuseppe Murone, vice president of the Young Lawyers for Yes Committee, and Giovanni Strangis, president of the Catanzaro district section of the ANM, also participated.
«I – said Bisogni – like the current prosecutor who has among his main objectives the search for the truth and is a main protection for citizens, but above all for the weakest, those who cannot afford a qualified defense or an expensive lawyer. As a magistrate, the reform is of little concern because my work will continue to be there before and after. I am a little more worried as a citizen because I believe that this reform changes the structure and balance between politics and the judiciary as desired by the constituents, in favor of a system in which politics has more influence on the careers and disciplinary measures of magistrates.” “I hope – he added – that in recent months the controversies over instrumental judicial decisions, the reflections on the declarations of one or the other can give way to a serious reflection on what it means to vote yes or vote no”.
According to Di Pietro, of the Sì Separa Committee – Einaudi Foundation, “currently the third judge is part of the same family, the blood brother of one of the two parties, that is the prosecutor because he has the same career, he has the same superior council”. to be judged in turn in the CSM, in the judicial councils. Separating the careers means implementing a constitutional project and completing a reform that wanted a partisan and a silver medal for the resistance, Minister Vassalli, and definitively cutting off from what was the fascist code. With this reform, regardless of the hidden intentions that someone may have, from the acts of media terrorism that are being launched, a path of impartiality of the judge is completed. Today, yesterday and tomorrow the autonomy of the judge remains intact judiciary”.