Uso della collaborazione processuale e dialogo fra magistrati nel contrasto al terrorismo e alla mafia

Autore: Paola Maggio
In: Meridiana. 97
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The procedural provisions established in the fight against terrorism and the mafia and the characteristics of the investigations reveal common features. In high profile events, the criminal judge plays a strong and creative role, along with a peculiar structure of the charges, the recourse to maxi-investigations and maxi-trials which have permanently deformed the purpose of criminal procedure in a political-criminal function. Some investigators and prosecutors, dialoguing together, have strongly dominated the public debate and influenced the legislative evolution on the subject of procedural collaboration. The constant interaction is testified to by a common approach to the repentant, by the use of interrogation as a dialogue and by the verification of «crow witness» statements.

Keywords: Mafia and terrorism; Criminal procedure; Crown witnesses; Role of the judges.