User:Overagainst

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[1]


Italian prosecutors are part of the judiciary and have the responsibility of gathering evidence irrespective of whether it incriminates a suspect.[2] In 1989 the inquisitorial system of Italy was reformed and elements of US style adversarial procedure were introduced. The changes were intended to remove an inquisitorial continuity between the investigatory phase and the basis for a decision at trial, but in practice they took control of enquiries away from police and gave prosecutors authority over the preliminary investigation.[3][4] After the assassination of Giovanni Falcone by the Sicilian Mafia and terror bombings that followed the capture of Salvatore Riina, prosecutors were given extra powers to fight organized criminals.[5][6] Although they have considerable authority over early enquiries and discretion in bringing charges, Italian prosecutors do not customarily use their powers in the agressive way common in the US system.[7][8]

Perugia is known for its universities and large population of students. There had reportedly not been a killing in the city for twenty years, but its prosecutors had been responsible for Italy's most controversial murder cases.[9][10] In 2002 the conviction in Perugia of fomer Prime Minister Giulio Andreotti on murder conspiracy charges resulted in complaints that the justice system had "gone mad", he was definitively acquitted by the Supreme Court the next year.[11][12]

In early 2002, Perugia prosecutor Giuliano Mignini, who enjoyed taking a detective-like role and was later in charge of the Kercher investigation, arraigned 20 apparently respectable people for concealing a murder.[13] Mignini was acting on the theory that a man who apparently commited suicide was actually killed by a high-level secret society; the case was finally dismissed in 2010.[14][15][16]


[17]

In early 2002, Perugia prosecutor Giuliano Mignini, acting on a complex theory he had formed that a conspiracy of Satanists were responsible for serial killings, charged 20 apparently respectable people with concealment of a murder. Mignini also investigated high officials including a judge that he suspected of involvement. The case was dismissed at the first hearing.


 Mignini theory involved a complicated conspiracy, he indicted 20 people and charged them with the concealment of Narducci's murder.  The charges were eventually dismissed.[18]  

The file of the prosecution case becomes public domain before the trial (The Week, 9 DEC 2009, Robert Fox, Nothing ‘Third World’ about Italian justiceIn Italy the basis of the jury's reasoning in a serious criminal case is given in writing and used in an appeal trial that is a core part of reaching the final decision. Accordingly, the verdict at trial of two professional and six 'lay' judges' against (or for) the defendant in Italy can does not have the unalterable status that a jury's verdict has sit has in the US, where appeals can only be on precedural . The prosecution can appeal an acquittal. Accordingly (Mirabella, Julia Grace, Scales of Justice: Assessing Italian Criminal Procedure Through the Amanda Knox Trial January 5, 2012). Boston University International Law Journal, Vol. 30, No. 1, 2012. p 235 and 257

In Italy judges and public prosecutors together make up the judiciary and they together have a self-governing body.see here. Prosecutors can't be disciplined or removed except by their own self-government board. After Sicilian Mafia assassinations prosecutors were given increased powers, with rules on the evidence which they could use to bring charges being loosened (Mirabella, Julia Grace, Scales of Justice: Assessing Italian Criminal Procedure Through the Amanda Knox Trial January 5, 2012). Boston University International Law Journal, Vol. 30, No. 1, 2012. p 237 footnote 151)

(Mirabella, Julia Grace, Scales of Justice: Assessing Italian Criminal Procedure Through the Amanda Knox Trial January 5, 2012). Boston University International Law Journal, Vol. 30, No. 1, 2012. p 257)

Bloody Italy: Essays on Crime Writing in Italian Settings

edited by Patricia Prandini Buckle p70-73

Knox's co defendant Raffaele Sollecito was defended by Giulia Bongiorno well known for a successful appeal against former prime minister Andreotti's conviction, after two acquittals, on murder charges brought by prosecutors in Perugia, which caused protests that the justice system had "gone mad".Andreotti's Sentence Draws Protests About 'Justice Gone Mad'.

http://www.independent.co.uk/news/world/europe/andreotti-acquitted-of-ordering-journalists-murder-93899.html

After 169 hearings over 10 years,

Bloody Italy: Essays on Crime Writing in Italian Settings

edited by Patricia Prandini Buckle p 73

Honor Bound: My Journey to Hell and Back with Amanda Knox

By Raffaele Sollecito p114

http://news.bbc.co.uk/1/hi/world/europe/2996565.stm

http://news.bbc.co.uk/1/hi/world/europe/2996565.stm

http://www.telegraph.co.uk/news/worldnews/europe/italy/1413661/Berlusconi-furious-at-Andreotti-jail-term.html

http://www.theguardian.com/world/2003/feb/15/italy

Death in Perugia: The Definitive Account of the Meredith Kercher case from ...

By John Follain p 41



User:Overagainst/Subpage

  1. ^ Judgment, Trial of Rudy Hermann Guede, Court of Perugia, judgment of 28 October 2008 – 26 January 2009 (Google translation, Italian to English).
  2. ^ The Italian Judicial System
  3. ^ Mirabella, Julia Grace, Scales of Justice: Assessing Italian Criminal Procedure Through the Amanda Knox Trial January 5, 2012). Boston University International Law Journal, Vol. 30, No. 1, 2012. p 234
  4. ^ Economist, Feb 8th 2014 talian justice Untimely Italian Justice
  5. ^ The Italian Judicial System
  6. ^ (Mirabella, Julia Grace, Scales of Justice: Assessing Italian Criminal Procedure Through the Amanda Knox Trial January 5, 2012). Boston University International Law Journal, Vol. 30, No. 1, 2012. p 237 and footnote 151)
  7. ^ University Kansas, 2/4/ 15, Professor: Amanda Knox trial shows problems with comparing legal systems
  8. ^ (Mirabella, Julia Grace, Scales of Justice: Assessing Italian Criminal Procedure Through the Amanda Knox Trial January 5, 2012). Boston University International Law Journal, Vol. 30, No. 1, 2012. p 237 and footnote 151)
  9. ^ Kercher, John (2012). Meredith: Our Daughter's Murder and the Heartbreaking Quest for the Truth
  10. ^ The Week, 9 DEC 2009, Robert Fox, Nothing ‘Third World’ about Italian justice
  11. ^ The Week, 9 DEC 2009, Robert Fox, Nothing ‘Third World’ about Italian justice Retrieved30/2/15
  12. ^ NYT, November 19, 2002, Andreotti's Sentence Draws Protests About 'Justice Gone Mad'
  13. ^ Death in Perugia: The Definitive Account of the Meredith Kercher John Follain, Chapter 55
  14. ^ Monster of Florence: Amanda Knox Prosecutor's Satanic Theories Rejected by Judge, Crimesider, CBS News, 23 April 2010
  15. ^ Bloody Italy: Essays on Crime Writing in Italian Settings edited by Patricia Prandini Buckle p70-73
  16. ^ Monster of Florence: Amanda Knox Prosecutor's Satanic Theories Rejected by Judge, Crimesider, CBS News, 23 April 2010
  17. ^ The Week, 9 DEC 2009, Robert Fox, Nothing ‘Third World’ about Italian justice Retrieved 30/2/15
  18. ^ Monster of Florence: Amanda Knox Prosecutor's Satanic Theories Rejected by Judge, Crimesider, CBS News, 23 April 2010.