Monday, November 16, 2009

Post 182. Italian Judiciary Duplicity fit for Mafia!

Follow the link to read the post:
http://www.beppegrillo.it/en/2009/11/berluschino_the_short_marco_tr.html

Again my commiserating Comment was censored. Can anyone think of any praise being possible for such malingering laws being passed in Italy?

Can anyone be so hipocritical and full of duplicity!
Italian Republican Judiciary's Duplicity fit for Mafia!

Text:
Good day to you all. I believe that, with so much talk about the “short trial” and reading in the newspapers, the expression “short trial”, people have not yet really understood what we are talking about: Berlusconi is a publicist. He has a degree in advertising and he did his dissertation on advertising. He has always done publicity and above all for himself and thus, on this front, he’s good. It’s the only front where he excels.

The law on dead trials


Consequently, he has always managed to invent for himself slogans that work, like the “short trial”: in reality we should use its name to refer to it, the trial that is the fruit of the so-called reform of Justice, we should start to call it the “dead trial”, because the average duration of a trail will not get shorter by even a minute, but in fact, this law, by creating my expectation of impunity with the new set up of the Statute of Limitations for the trial, will be an incentive for the defence lawyers to draw out all the substance and aim to get a time out from the Statute of Limitations. I’ll explain: Today the Statute of Limitations is applied to the crime, or to the punishment, in that after a certain period from the moment the crime is committed, the countdown for the Statute of Limitations starts. And thus the defendant accused of that crime can no longer be put on trial. Then there is the Statute of Limitations relating to the punishment: after a certain number of years, if the punishment, … - oops – commissario Basettoni’s helicopter has fallen down – well – it’ll be some kind of sign! After a certain number of years, if the punishment has not been applied, it can no longer be applied, and thus, for example, the one who runs off, gets away with no punishment, unless he is caught in time, he gets away scott free. Now, with this law, we’ve got the Statute of Limitations on the trial, that depends not on when the crime was committed, but from the moment when the defendant was sent for trial: from that moment the time bomb starts ticking, and it explodes after two years at the first level of trial, after two years in the Appeal and after two years in the Court of Cassation. Last week we said , when there was not even the text, - then the text came out on Thursday - that it will work like this: the judges, from the moment of sending the defendant for trial to the moment of the first level verdict, they will have to do all that in 2 years; if one day more goes by , the trial is dead, at the first level, even if the crime was committed two years and two days earlier, that is to say if paradoxically I go - well – let’s say - I go and molest a child today, and tomorrow they catch me and they get me on trial by the fast-track route and then the trial lasts … - they don’t manage to finish it at the first level within two years, I am already ruined – excuse me - the victim is ruined : why? Because they will never get justice and I am safe. Thus it doesn’t matter when the crime was committed, but what counts is how long the judges take to do the three phases of justice: two years for the first level, but not two years from the first to the last hearing, two years from the moment of sending the defendant to trial. It is the G.I. P. who sends the defendant for trial, then he takes all the evidence and at times they need a truck to transport all the bundles of documents, just think of all the trials where there are multiple defendants or of the trials where there are technical consultants, expert witnesses etc. … - they take the documentation, and send it to the Tribunal and the Tribunal then according to the accumulation of delay that there is, fixes the start of the trial from here to who knows when. All this “down-time” is of no interest to this law, from the moment the G.I.P. sends the defendant for trail to the verdict of the judge at the first level no more than two years can go by, otherwise the trial dies there and then, even if the crime was committed two years and two days earlier.

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Posted by Beppe Grillo at 07:49 PM in Information

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