DOI: 10.4399/979122182605031
Pagine: 609-618
Data di pubblicazione: Giugno 2026
Editore: Aracne
SSD:
IUS/09 IUS/14 IUS/21
The Italian justice system has long suffered from a long-standing problem, namely the excessive expansion of the time taken to celebrate trials. This view runs counter to the principle of the reasonable duration of the process at the constitutional and supranational level. art. 6, par. 1, ECHR, as the second paragraph of Article 111 of the Costitution provides for the right of every person to have his dispute dealt with fairly, publicly and within a reasonable time. The European Court of Human Rights has repeatedly condemned our country for violating this principle. According to Montesquieu, a delayed justice is to be considered denied and, therefore, not able to respond adequately to requests from citizens. In particular, as regards the criminal process, the reform of criminal justice is one of the objectives that our country is called to pursue for the implementation of the PNRR. This contribution aims to address the structure of the Office for the Criminal Process already established pursuant to art. 16-octies of d.l. 18 October 012, n. 179, converted, with modifications, from l. 17 December 2012, n. 221, and the provisions of d.lgs. 13 July 2017, n. 116. In particular, art. 6 of d.lgs. n. 151/2022, in accordance with the delegation to the Government contained in l. n. 134/2021, provides the Officer of the Office for the Process (AUPP) with preparatory functions consisting, for example, in the study of files, in the preparation of hearings, in the preparation of minutes of measures as well as in the increase of the production capacity of the office. The results so far achieved by this structure are to be considered encouraging. In fact, according to the relative data relative to the first semester of year 2023, comes in relief a strong reduction of disposition time in all the phases of the judgment regarding the first semester of year 2022: –22,7% in Court of First Instance, –12,6% in Court of Appeal and –28,2% in the Court of Cassation. These data enable the total duration of criminal proceedings to be estimated at less than 1000 days. The decrease in disposition time is accompanied by the simultaneous reduction in the number of pending proceedings (–13,1% in the Court of First Instance, –6,5% in the Court of Appeal and –24% in the Court of Cassation) due to an increase in definitions (–12,5% in the Court of First Instance and –7% in the Court of Appeal) (cf. report on statistical monitoring of PNRR indicators – 1st half 2023 of 11 October 2023).