The Italian Law the Police and Prosecutor Violated
There's been discussion from time-to-time about the Italian laws violated by the Italian authorities in this case.
Sometimes when this is discussed, reference is made to the Italian Constitutional provisions or the Code of Criminal Procedure (CCP; Italian CPP) articles violated. These violations of law are serious, but may not lead to criminal penalties imposed on the offenders. That is, a violation by the authorities may mean, for example, dismissal of a criminal case against an accused but not necessarily a new criminal case against the authorities for their misconduct.
There is another compilation of Italian law called the Criminal Code (CC; Italian CP) that specifies crimes and punishments (prison terms and/or fines) for those convicted of the crimes. It's been pointed out to me that (in number sequence not far from the description of "calunnia") there is the description of the crime committed by police when they force someone, by violence or threats, to make a false statement to judicial authorities. The punishment for someone convicted of this crime is imprisonment for from 2 to 6 years. This may explain why the police and prosecutor continued the case against Amanda and Raffaele after they absolutely knew they (AK & RS) were innocent, that is, after Guede was arrested and his DNA matched that found in Meredith's rape kit.
This law is CP 377-bis {bis = second part}, and below its text is given in the original Italian and in English (by Google Translate). The term "autorità giudiziaria" (my emphasis below) is translated by Google as "court" but more literally is translated "judicial authority" and would include any magistrate or prosecutor (Public Minister).
Source:
http://www.altalex.com/index.php?idnot=36764
Art. 377-bis.
Induzione a non rendere dichiarazioni o a rendere dichiarazioni mendaci all'
autorità giudiziaria. (1)
Salvo che il fatto costituisca più grave reato, chiunque, con violenza o minaccia, o con offerta o promessa di denaro o di altra utilità, induce a non rendere dichiarazioni o a rendere dichiarazioni mendaci la persona chiamata a rendere davanti alla
autorità giudiziaria dichiarazioni utilizzabili in un procedimento penale, quando questa ha la facoltà di non rispondere, è punito con la reclusione da due a sei anni.
(1) Articolo inserito dall’art. 20 della L. 1 marzo 2001, n. 63
Art. 377-bis.
Induction to not make statements or to make false statements to the court {judicial authority}. (1)
Unless the act constitutes a more serious offense, anyone with violence or threats, or offers or promises of money or other benefits, leads to not make statements or to make false statements to the person called to testify before the court {judicial authority} evidence in the criminal proceedings, when it has the right to remain silent, is punished with imprisonment from two to six years.
(1) Article inserted by art. L. 20 of March 1, 2001, n. 63
{Copy of my post on IIP/IAF)