Section 530 Para II Case Precedent: Italian State vs Andreotti
Section 530 Para II Case Precedent: Italian State vs Andreotti
google translation Repubblica.it
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After 11 years, therefore, the process is closed to Andreotti and the lawyer Giulia Bongiorno does not hide his satisfaction. "It's fine also this verdict - said the lawyer - our first goal was in fact to put an end to a process that has gone on for 11 years. And then you have to look at the result that it ended with a judgment of acquittal."
Although, in the operative part of its judgment, the Supreme Court ruled that Andreotti must pay court costs, a "figure millionaire" because its "11 years of legal proceedings", underline rumors of attorney of the Supreme Court. But the lawyer Bongiorno denies: "The court costs mentioned in the operative part of the judgment refer solely to ordinary expenses related to the rejection of the appeal to the Supreme Court. No compensation millionaire, then, but only a few cents."
The Judges of First Instance, in its judgment of 23 October 1999 had acquitted Andreotti of the charge of criminal conspiracy mafia type for lack of fact challenged (drawing art. 530, second paragraph, of the Criminal Procedure Code, namely old formula of insufficient evidence), the courts of second instance had instead two distinct moments in the alleged links of Andreotti with the Mafia.
The first related to the facts until 1980 - qualified as criminal association "simple" does not exist then the association with the mafia - that the judges deemed prescribed; the latter - described as mafia-type criminal association - have been deemed non-existent, for which it was given acquittal (in this case, however, with reference to the second paragraph of Article 530 of the Criminal Procedure Code).
http://www.repubblica.it/2004/j/sezioni/cronaca/andreotti/andreotti/andreotti.html
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Ironically Avv Bongiornio also got Judge Bruno (of the current case Fifth Chambers) off mafia charges IIRC.
ETA A big difference between the ISC in Andreotti's case and the kids is that the Court of the First Instance found Andreotti not guilty due to Art 530 II. The appeal court replaced this with a guilty verdict and ISC simply upheld the original court, and reinstated 530 para 2, as found by 1st Instance Court.
In the kiddies' case, the First Instance court found "guilty" and Nencini upheld it (Hellmann having been annulled, kyboshed, grounded, banished).
Therefore Fifth Chambers 27 March 2015 HAS ESTABLISHED A NEW PRECEDENT and in any case, DID NOT HAVE THE JURISDICTION TO USE SECTION 530 Para 2.
What a shambles!!!
