Prevenzione e percezione di fenomeni corruttivi: istanze di difesa sociale e crisi del garantismo processuale penale

Abstract

Constitutions and the International Charters of Rights are concerned to ensure the judicial verification of the unlawfulness of facts in compliance with the inalienable rights of the person and the presumption of innocence. Today, modern criminal procedural law, which has always been conditioned by different legal traditions, by different political-constitutional approaches and by the current "criminal emergencies", suffers further stress resulting from political and media communication on topics such as organized crime, terrorism and corruption, thus diverting the analysis from objective data and basing the discussion on questionable and instrumental evaluations. In this context, the demands of justice do not coincide with those of legality, but with those of social defense. In Italy, the disproportionate increase in anti-corruption measures has profoundly changed the procedural means of their assessment, with a clear danger for the rights of suspects and/or accused persons and with a consequent dangerous inquisitorial drift. At the international level, however, new and better measures are being tested. The long-term goal is to identify objective criteria in order to measure corruption in each country, using real-time data. Only objective indicators will make it possibleto conduct investigations that "measure" the corruption in countries in order to initiate more incisive actions to combat it.