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Italy judges question law allowing Berlusconi to postpone trials

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

[JURIST] Milan judges presiding over the tax fraud trial of Italian Prime Minister Silvio Berlusconi suspended the trial Monday while consulting with a Constitutional Court on the legitimacy of a new law that Berlusconi has invoked to postpone criminal proceedings against him for 18 months. The case is the second to be suspended this month, with the corruption trial postponed last Friday. The law in question was 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. The judges are questioning whether the new law violates the Italian Constitution because it improperly creates a new faculty for cabinet members through a law rather than by constitutional amendment, and because it alters the equality of citizens under the law. Berlusconi maintains that the proceedings are politically motivated. Earlier this month, Italian prosecutors sought to indict Berlusconi on additional fraud and embezzlement charges involving his media company Mediatrade, despite a new law granting the executive temporary immunity. In January, hundreds of Italy's judges walked out of their courtrooms to protest the passage of a law that placed strict time limits on the trial and appeals process. The law was criticized for being tailored for Berlusconi's benefit.

Full post as published by JURIST - The Paper Chase on April 20, 2010 (boomark / email).