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January 20, 2006

Another quickie from Berlusconi

Below the fold, another addition to the 'Silvio Berlusconi or why electoral systems and other such things should be kept out of the hands of politicians' file, courtesy of The Economist.

SILVIO BERLUSCONI, Italy's prime minister, is ending his current term of office as he began it in the summer of 2001: with an assault on the judicial system. In one of its last acts before the election in April, the Italian parliament has passed a bill sponsored by Gaetano Pecorella, Mr Berlusconi's lawyer, who is also a deputy for his political party, Forza Italia. In July 2001 Mr Pecorella, who chairs the lower house's justice committee, also sponsored a law to downgrade the crime of false accounting, for which the prime minister was then on trial. That law shortened the statute of limitations after which charges are time-barred, a provision that directly benefited Mr Berlusconi.

The new bill would abolish the prosecution's right to appeal against acquittals by the court of first instance. By chance, a court in Milan is due to begin hearing just such an appeal, of a case in which Mr Berlusconi was acquitted on four charges of bribing judges. On one charge, the acquittal came because the crime was time-barred after extenuating circumstances had been granted; on two others, it came for lack of sufficient proof; on the fourth, it was because he had not committed the offence. But the prosecution appealed against all these verdicts, which were delivered in December 2004.

Cesare Previti, a Forza Italia senator and business colleague of Mr Berlusconi, might also benefit from the new bill. He has been found guilty in two cases of judicial corruption and faces a prison sentence should the verdicts be upheld. One of the cases, involving a company owned by Mr Berlusconi, was due to be decided by the supreme court this week, but the hearing was cancelled because of a lawyers' strike. Under the new bill, Mr Previti might be able to submit direct evidence to the supreme court, whose role is currently limited to ruling on points of law.

Posted by pauldavies on January 20, 2006

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