Saturday, December 2, 2006

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E 'Back in the trial of Cesare Previti (and others) on the business SME. The Supreme Court ruled that the Milan judges, who condemned the senator's Forza Italy, both at first instance and on appeal, were not territorially competent. All hours are left to judges in Perugia.

The problems that arise from it three. The first is that it took 11 years to determine who was really responsible. We are mad? It was clear that there was a defect in initial form. The whole process stems from the revelations of Stefania Ariosto, heads the Omega, the revelations were made in Milan, but the crime is had concretized in Rome, where the judge would have been bought by Green Previti, Berlusconi's long arm, for by the Judge Squires. Not being able to investigate the magistratrura Rome one of its own component, Judge Green was the prosecutor in Perugia have to educate the process. So here there was a big mistake, but also a huge waste of time and resources to the detriment of the judicial system and of the accused.

The second problem is to redo the process in Perugia will be virtually impossible, as the prescription for this fact triggered by next April. This of course relates to the first problem, pull it for the long process inevitably leads to a limitation period, in Italy this is a defensive tactic in all respects, and the slow time of our justice do not help that such conduct by lawyers .

Finally a little considered aspect forzisti by shouting at the "Justice has been done." It 's true, the Milan judges had no authority to decide on this process, but the evidence on which judgments are based, is evidence for all purposes. I repeat, no evidence. This means that the form has not been met, but that the substance does not change. And the Supreme Court, in fact, does not judge ruled the substance, that the alleged guilt of Previti, but has just found the form, and consequently decided to cancel the process.

make it clear: Previti has not been declared innocent, it was decided that only those who held it was not of jurisdiction to do so. Of course for legal certainty, this means a lot, it vulnus deep to the legality of the measure, but many times the reality is more simple than it appears.

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