The commission for the reform of the penal code, chaired by him, "concluded that the external competition in a mafia association should be typified with an ad hoc provision , because it does not exist as an autonomous case in the code , but is the result of a jurisprudential interpretation that combines the article 110, on the competition, with the 416 on the association».

Thus the Minister of Justice Carlo Nordio , in a long interview with Corriere della Sera. This «has led to extreme application uncertainty. The voices to introduce a typical rule are almost universal in the university and forensic world», he then specifies.

When asked if he is not afraid of favoring crime in this way, Nordio replies: «My interpretation is even more severe, because even those who are not organic to the mafia, if their task is facilitated, are mafiosos to all intents and purposes . If these topics were tackled with a cool and calm mind, and not with sterile polemics, we would find a solution: write a very simple and very clear ad hoc regulation». "The concept of external competition is an oxymoron - he continues -: either one is external, and therefore one is not a competitor, or one is a competitor, and therefore one is not external ".

With respect to the political-judiciary clash «the confrontation will continue – Nordio points out -. I was a magistrate for forty years, and I still feel that way».

Speaking of separation of careers, Nordio argues that it is «consubstantial to the accusatory process wanted by Vassalli. Unfortunately it was only half implemented. It exists throughout the Anglo-Saxon world, and in no way undermines the independence of the prosecutorial judiciary. However it requires a constitutional review. However it is part of the government program, and will be implemented. It also means the discretion of the prosecution and the power of the prosecutor to retract it. All things that at this moment the Constitution does not allow. But they would avoid at least 30% of the processes that turn out to be useless and harmful».

(Unioneonline/vl)

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