Wednesday, January 20, 2010

Perugia Police Requirement To Protect Their Good Name: Another Calunnia Suit Now In The Works

Posted by Peter Quennell


Click above for the Daily Mail report. Good except calunnia (defined at bottom here) and not slander is the charge

Jailed student killer Amanda Knox is to be charged with slander after she claimed she was beaten by police

Today prosecutor Giuliano Mignini, who led the case against her, confirmed that Knox had been formally notified that the slander investigation had ended.

The step is the first procedure under the Italian legal system before being formally charged and gives a defendant time to contact lawyers and work out a defence.

Mr Mignini said: ‘On two occasions during her trial Amanda Knox claimed that she had been beaten during questioning - a claim which was denied by all the officers involved.

‘There was no proof to back up her allegation and to protect the good name of the police department a slander investigation was started and this has now been complete.

‘Knox has been informed of this through her lawyers at the jail where she is being held and a formal charge against her will be made within the next few weeks.’...

Under Italian law slander is punishable with a fine and or a prison sentence of between two and six years….

In November it also emerged that Knox’s divorced parents Curt Knox and Edda Mellas, had been placed under investigation for defaming police by claiming in an interview with a British Sunday newspaper their daughter had been beaten.

Explanation of calunnia

The charge of calunnia (art. 368) has been commonly translated as “slander” in the English/US media. This translation is incorrect, however, as calunnia is a crime with no direct equivalent in the respective legal systems.

The equivalent of “criminal slander” is diffamazione, which is an attack on someone‟s reputation. Calunnia is the crime of making false criminal accusations against someone whom the accuser knows to be innocent, or to simulate/fabricate false evidence, independently of the credibility/admissibility of the accusation or evidence.

The charges of calunnia and diffamazione are subject to very different jurisprudence. Diffamazione is public and explicit, and is a more minor offence, usually resulting in a fine and only prosecuted if the victim files a complaint, while calunnia can be secret or known only to the authorities. It may consist only of the simulation of clues, and is automatically prosecuted by the judiciary.

The crimes of calunnia and diffamazione are located in different sections of the criminal code: while diffamazione is in the chapter entitled “crimes against honour” in the section of the Code protecting personal liberties, calunnia is discussed in the chapter entitled “crimes against the administration of justice”, in a section that protects public powers.


Posted by Peter Quennell on 01/20/10 at 02:21 PM in Knox-Mellas team


Comments

Perhaps ironic that this comment was just posted in the public area of the Amanda Knox page on Facebook, which by the way will soon be googleable.

*******

By Jo Justice I think we need to get around to discussing Mignini’s questionable sanity and the Spanish Inquisition. I haven’t looked at it in a long time but what stands out in my mind is the crimes committed by one of the authorities. This anus tortured and executed / murdered around 900 people of which 300 were children under the…

*******

Way to go, Jo Justice. Mr Mignini already has one slander suit of his own in the works. There are dozen of posts on Mr Mignini here (and we have many direct confirmations from those who know him) that Jo Justice is pretty far off the mark.

Posted by Peter Quennell on 01/20/10 at 03:55 PM | #

Who is this disgusting person who hides behind such an inappropriate name?

Since when was the “Spanish Inquisition” a person?

Who is “this anus”?

Just who is alleged to have tortured and executed/murdered 900 people, 300 of whom were children?

I await eagerly for the day when Prosecutor Mignini spears the fools and malignant morons who continue to defame his good name.

Posted by Tiziano on 01/20/10 at 09:49 PM | #

It’s about damn time these lies are put to rest.  Throw away the key while you’re at it.

Posted by Professor Snape on 01/21/10 at 05:21 AM | #

Excellent. Another sign of courageous determination.

Posted by Ann-Marie on 01/21/10 at 10:08 AM | #


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