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Italy prosecutors seek fraud and embezzlement charges against Berlusconi

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] Italian prosecutors on Friday sought to indict Italy Prime Minister Silvio Berlusconi on fraud and embezzlement charges involving his media company, Mediatrade, despite a new law granting the executive temporary immunity. The law passed in March and allows cabinet officials to postpone criminal proceedings against them for up to 18 months if the charges constitute a "legitimate impediment" to performing public duties. Prosecutors claim that while Berlusconi was head of Mediatrade, it sold television rights at inflated prices to a US producer, resulting in illegitimate gains of approximately $47 million. Prosecutors also sought to charge Berlusconi's son, Pier Silvio Berlusconi, and nine others in connection to the case. Berlusconi's lawyers deny that he was in control of Mediatrade during the deals, and have not indicated whether they will invoke the immunity law. The law granting Berlusconi immunity was approved by the Chamber of Deputies in February. In January, hundreds of Italy's judges walked out of their courtrooms to protest the passage of legislation that placed strict time limits on the trial and appeals process. Both laws have been criticized as being tailored for Berlusconi's benefit. He currently faces corruption and tax fraud trials, both of which have been postponed. The leader has been previously acquitted of false accounting and bribery, and has had other charges against him dropped.

Full post as published by JURIST - The Paper Chase on April 09, 2010 (boomark / email).