«The Palamara system is more alive than ever. Only the method has changed. Other paths are taken, but the result is always the same.
The recent Meloni case demonstrates this.” Silvio Berlusconi’s historic lawyer Carlo Taormina said.
What is your opinion on the latest affair involving the Prime Minister’s sister?
“A bit confused, rather imprecise. In fact, we have not understood well what the contours of the alleged conduct are. In a crime, such as influence peddling, it is very complicated to give an assessment without knowing, exactly, the situation. We also have a different regulation from the previous one”.
What is needed today to hypothesize such a crime?
«First of all, the concrete existence of the relationship between the mediator and the public official.
Secondly, that the operation is intended to result in the commission of a crime by the public official.”
Can we say that, in a certain sense, the judiciary tries to govern politics?
“Up to now, he has done so through three crimes. The first was abuse of office and we have eliminated it. We are talking about a spy crime, of persecution. The second, however, is corruption for the exercise of a function (art. 318 cp), the one contested to Toti. Even in this case, there has been no lack of abuse. Many times, however, it was the legislator himself who allowed them. The current law, in fact, does not provide for the existence of a causal relationship between the act of office and the benefit obtained. If this does not exist, we cannot speak of corruption. The third, finally, is influence peddling, which we all hoped would be seriously tackled.”
In what sense?
“I must say, frankly, that the rule, as it was approved, is only partly acceptable. It should not exist if there are no concrete indications on the behavior required by the system. As long as it is said that a mediator asks for money to reach a judge and have a sentence made in one way rather than another, but it is not said what the contact should be, what the objective to be pursued is, through the illicit work of the public official, we are always vague and the objective is not achieved”.
The creator of the manual Cencelli, in these columns, meanwhile, explains how it is normal for politics to decide on appointments…
“I agree with him. Article 346 bis of the Criminal Code supports this. When a public body prefers one person over another, it may be an unseemly act, not acceptable, but it is not a crime. According to the current legislation, it is not influence peddling. In this sense, Cencelli is right. The Palamara case is different, however, where the law was violated by putting Tizio in place of Caio as the Public Prosecutor of Rome, even though he did not have the qualifications. That lobbying effort was certainly interference.”
With this last word, however, we think above all of the interferences of the ANM in the public sphere. Do you agree with them?
“It is very difficult to take a position on this matter. The ANM is a union and therefore protects its interests. To tell the truth, it should be concerned with salaries and the organization of the category, but we all know that, instead, it is the counterpart of the CSM. Therefore, it calls the shots. In the case of Arianna Meloni, however, I believe there is a pinch of legitimate defense.
The flaw in Sallusti’s complaint is the lack of any concrete element. It may have been a leak, an inference or, as I think, a true piece of news.”
In the meantime, someone continues to talk about the Palamara system. Does it still exist?
“From the ideological point of view, there is collusion between a part of the judiciary and a certain left wing. To tell the truth, it has not abandoned us since the 1950s. The Palamara system, therefore, is more alive than ever. Indeed, perhaps the situation is more serious.”
Can you give an example…
“About a month ago I defended a magistrate who was the victim of pressure from a councilor of the disciplinary section of the CSM. Other paths are taken, but the result is always the same.”
#Politics #grips #Tempo
2024-08-21 18:08:05
