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On the one hand are disassembled allegations of prima persecutionis advanced against judges. The other is explained that the arrest is a measure weak and that is why the Senate must vote against the arrest of Antonio Azzollini , leaving him free. Are the two reports voted in Senate on the case of the senator from New Centre-Right “ save ” from house arrest with the fundamental preferences of at least 60 senators of the Democratic Party. Here we are the famous “cards” that eventually affected the “ aware ” Senators dem, and are even mentioned by the premier Matteo Renzi . “There may be prima persecutionis because it is a complex issue. Voting is looking at the cards, who did it decided to vote against. I believe in good faith and to the intelligence of senators and deputies, “he said Renzi , who spoke on the subject in 48 hours of voting. But what’s inside those “cards”, so fundamental documents that have, among other things changed my mind to the Democratic Party? Senators dem in addition to the authorizations were in fact voted for arrest of Azzollini, but change your mind once the matter had arrived in the Senate. A few hours before the leader Luigi Zanda, had sent a letter to colleagues asking them to express themselves “conscientiously”.
An unprecedented change of opinion: in the bargain a prima persecutionis by Puglia pm there was , the Senate instead apparently yes. And to think that the relationship of Dario Stephen , the president of the rapporteur of the proposal in favor of the arrest of Azzollini, remained unchanged in both discussions. As well as that signed by Nico D’Ascola of Ncd, originally christened as “minority report”, who then convinced 189 senators to vote no to the arrest of Azzollini. Ten pages apiece those used by the two senators to analyze the reasons why the Senate should have given the green light, or lock, requests for precautionary Azzollini. And while Stephen exposed in analytically the reasons that led the prosecutor in Trani in request the arrest for Azzollini, then removing the objections of the defense on trying persecutory robes, On Ascola explained instead as the subject of the two judgments, namely the Senate and that the prosecution had to be necessarily different.
“Azzollini be arrested because it continues to exercise power “
” He reports the court – is the beginning of the report Stefàno – despite the body (Divine Providence ed) is in extraordinary administration since December 2013 After more than a year after the commissioner, the entourage of Senator would continue to operate within the structure and to be recognized by employees of the same as the expression of a power still lingering. ” In practice, despite the commissioner, the power of the Azzollini Divine Providence would unchanged . And it is for this reason, always Stefàno explains that “the court believes that protective measures which are less effective than under house arrest could not guarantee the community from the danger of recurrence criminal ; in the case of Senator Azzollini fact would remain unchanged for the power to control the region, being free, might without restraint to continue the covert management that has contributed to the irreversible collapse of the institution. ” Basically if Azzollini remain free, as then it happened, not only could repeat the crime, but also continue to exercise power over the nursing home and all the characters involved in the investigation, beginning with the nuns, who questioned have not responded to investigators. It is for this reason that, for the president of the junta for Authorisation, Azzollini was sent to house arrest: a decision that is at first endorsed by the senators of the Democratic Party.
Prima persecutionis? “Assumptions inconsistent”
is to get the go-ahead to the arrest of Stephen Azzollini that devotes most of his report to dismantle the main defense of the senator Ncd: namely, the existence the prima persecutionis . “In truth, the proof of that declared persecution remains confined in documentation rather fragile, to the limits of inconsistency” writes Senator Sel. Azzollini For one reason he felt a prima persecutionis against him was the fact that the investigation into the Divine Providence that the alleged scam maxi at the port of Molfetta (in which he is under investigation) were coordinated by prosecutor of Trani . “With respect to the alleged hostility office earlier there was evidence that the so-called investigation into the port of Molfetta really belong to different judges to those who have requested the application of the precautionary measure, and also different is the judge for preliminary investigations that signed the supervision order, “writes Stephen: no persecutory intent, but different offenses, several pm and several magistrate. “There is more, – continues the senator of Sel – as the subject meets a further and final denial, the view expressed by the Court of Review, whose collegiate, and even authoritative, remove the already remote possibility of a judicial conspiracy vitiated by prima persecutionis pervaded that would, at this point, the judgment of six judges , the last three, as mentioned, even geographically distant “. To decide the arrest to Azzollini were six judges, and the last three are located in Bari, and other cities other than the judicial district in Trani: against Azzollini so there is no persecution.
House Arrest? “Measure too weak, let him free”
Yet the senators of the Democratic Party, having voted for the report Stefàno, prefer to opt for one of On Ascola . He writes Senator Ncd to “save” his colleague? Lists a number of principles, unhooked from the famous “cards” that would prove a prima persecutionis: the “ conservation effectiveness of the functions that the Constitution assigns to the junta “, until the “need to give them to the Board Membership of the necessary degree of autonomy compared to that accorded to the judge “. Then it comes to the point: Azzollini not be arrested because “you have to come here to the conclusion that precautionary requirements so weakened they can not contribute to outline a framework of absolute inevitability”. Translated: the house arrest is a measure too weak, if Azzollini remains free is finally equal. A thesis novel that has incredibly convinced well 189 senators, who have certainly analyzed all legislative preambles put pen to paper by D’Ascola first to vote according to conscience. Unless the real intervention that eventually saved the former chairman of the Budget Committee, that of the senator Tito DiMaggio . What he said DiMaggio? No legislative reference, but only the justification of that phrase, the “ you piss in your mouth “, delivered by Senator against Sister Marcella. “They’re often in his office, is full of books , newspapers and where there is culture there can never be vulgar,” said DiMaggio intervening in classroom before the vote. A defense that actually almost looks more convincing than that of D’Ascola.
( collaborated Antonio Pythons )
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