Scientific research promoted by neuroscience has allowed the evolution of criminal law. The character of conscience, as a cognitive phenomenon of reality, has been seen to be influenced by factors that until a few years ago were completely extraneous to criminal legal logic. Human consciousness is much more complex than previously thought and is influenced by factors that cannot be overcome by the subject's will. According to neurophysiology, human consciousness, what man perceives of the external world, is formed after the subject has performed the action. For jurists, this discovery as a neurocognitive theory will completely overturn what has until now been the basis of the relationship between the prosecution and defense in criminal trials. In summary, the subject who wants to perform a gesture and performs it becomes aware of it only after the gesture has been performed. We note how the suitas is, on the basis of new scientific evidence of human conscience, totally revisited by living law so that it is updated with the evolution of the sciences applied to law.
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Lawyers' strike of 4 March 2024 - Undue compression of the right of defense committed by the PM
On 01/31/2024 the UCPI resolved the following document:
“We learned with dismay the news of the investigation opened by a Milanese prosecutor against the defender of an accused while the trial for a serious murder was underway before the Court of Assizes. It was subsequently learned that one of the two prosecutors, who supported the accusation in the trial against Alessia Pifferi, keeping his colleague in the dark about his initiative, decided to investigate the lawyer Pontenani, defender of the accused, for the sole reason fact of having used the reports drawn up by two psychologists of the prison in which Pifferi is confined, who were themselves investigated for the crime of forgery, in order to support the existence of an intellectual development deficit in their client and to ask for it subjection to psychiatric evaluation. An appraisal which was subsequently ordered by the Court of Assizes and which is currently underway. According to the accusatory hypothesis, the psychologists' reports would in fact contain false declarations on the prisoner's mental conditions instrumentally aimed at obtaining a psychiatric assessment and it is for this reason that during the investigations, telephone and environmental wiretaps were ordered against them, as well as the search of their homes. It is news in the press today that, while one of the two prosecutors in charge of the accusation, as she was kept in the dark about the initiative in question, has decided to renounce the assignment of the file, in the context of the trial pending before the Court of Assise, the defendant's defender declared that he did not want to give up the defense although it was registered on the initiative of the same PM opposing her in that trial. We cannot fail to consider that this investigation, sensationally inserted within an ongoing debate, ends up altering the ordinary balance of the trial and compromising the serenity of those, judges and experts, who will have to express their assessments, bringing out how, once again, the defensive function and who exercises it appear delegitimized by the same unilateral initiative of the PM, aimed at affirming the existence of a contribution by the defender in the hypothesized illicit conduct of third parties, which highlights, if there were still a need , not only the procedural disparity between prosecution and defense, but also the substantial confusion between the position and role of the defender and the figure of the client. For these reasons, without wanting to go into the merits of the procedural matter, we must stigmatize what happened and underline how unacceptable any undue compression of the constitutionally guaranteed right of defense is, regardless of whether it is pursued, inside or outside the trial. We will monitor to understand what in particular justified the registration of the colleague in the register of suspects and finally in what context these initiatives developed, because, if this is what awaits the trial of the future with one party, the Prosecutor, who investigates the other part in an open debate, on the sole basis of an uncontrolled investigative hypothesis, we can celebrate the requiem not only of the accusatory rite, but of justice as such."
Therefore we inform you that on 4/3/2024 the lawyers of the Daniele law-economic firm will participate in the national strike.
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