When Not Itself Nefariously Influenced, Italy’s Supreme Court Usually Sustains A Hard Line
Posted by Peter Quennell
The President of Italy at the first of a planned series of anti-mafia rallies
If there are any jurists in Italy who think the Fifth Chambers respected the law and the huge evidence, they are sure not speaking up yet.
A bent outcome? Certainly there have been attempts by organized crime and other unsavory elements to bend all the Italian courts at all levels (think Hellmann) and even at the Supreme Court level there seem to have been instances of successful bending.
But whereas in the US the administration of most justice is highly localized and most jurists have to run to keep up with evolving cases and trends in their own states, justice in Italy is highly centralised and all judges and lawyers follow all main cases.
Routes are many to keep an outcome that stinks from being left that way.
We are told to expect a scathing outpouring from numerous jurists when the Fifth Chambers pushes its report out. Also almost certain legal action and possible retaliation against Judges Marasca and especially Bruno via the powerful Counsel of Magistrates.
As their nervous defense lawyers will know all too well, two things in particular are not auspicious for Knox’s and Sollecito’s final outcome.
First, a huge push is now starting to finally rid Italy of the mafias. Like it or not Sollecito is related to mafioso of the same name and the seaside town in the Dominican Republic which he visited several times in recent months is said to be a thriving mafia hangout.
Now President Mattarella (himself a judge and mafia fighter) has kicked off a series of rallies throughout Italy to give all of the population courage and positive expectations. If he is appealed-to to reverse the Fifth Chambers verdict in Meredith’s case and he suspects organized crime had a vested interest in humiliating the Florence courts he may side with that appeal.
Second, if Cassation finds a way to revert to form on Meredith’s case it can be expected to reflect the hard line it demonstrated against the Hellmann-appeal outcome in 2013 and the hard line in for example this case among many similar.
Partners who manifest extreme jealous behaviour towards their other half are guilty of mistreatment, Italy’s highest court of appeal has said.
Italy’s Court of Cassation on Thursday overturned the acquittal of a Sicilian man for mistreating his wife.
The husband, who is from Sicily, allegedly suffered from “morbid jealousy”, also known as “delusional jealousy”, a psychological disorder in which a person wrongly believes their spouse or sexual partner is being unfaithful without having any real proof to back up their claim.
His jealous behaviour included constantly accusing his wife of being unfaithful, reading her text messages and even demanding that their daughter get a DNA test.
According to the Italian daily Il Fatto Quotidiano, his behaviour was so extreme that his wife even quit her job as a flight attendant because he said the job was “not suited to a respectable woman”.
In May 2014 an appeal’s court in Palermo, Sicily, acquitted the man of mistreating his wife.
But on Thursday Italy’s highest court overturned the acquittal, stating that such behaviour amounted to “psychological harassment”, a crime punishable by law.
“Constantly hassling the spouse with continuous manic and obsessive behaviour inspired by morbid jealousy constitutes mistreatment,” the court said, according to Il Fatto Quotidiano.
His behaviour caused “significant imitations and constraints in her daily life and choices, as well as an intolerable state of anxiety,” according to the court.
The case has now been reopened and the woman’s claims will be evaluated in another hearing, the paper said.
Jealousy a crime? Isn’t jealousy widely seen as a Knox trademark?
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