Cassation: “Illegitimate seizure of alleged money from Berlusconi”

There is no “pertinent link between the crimes for which one proceeds, the alleged financing documented by private writing and the seizure of documents and computer data with respect to third parties”. This is what is stated in the motivations of the sentence with which on March 23 the Court of Cassation declared illegitimate the decree for the seizure of documents and computer data to the relatives of the Graviano mafia family as part of the investigation of the Florence Public Prosecutor’s Office on the massacres. of ’93 which sees Silvio Berlusconi and Marcello Dell ‘Utri under investigation. The supreme judges of the fifth criminal section, however, with the decision of last March 23, the reasons for which have now been made known, have accepted the appeal of the defense of Nunzia and Benedetto Graviano, brothers of the mafia bosses Filippo and Giuseppe Graviano, against the seizure of data contained in cell phones and computers ordered by the Florence Public Prosecutor’s Office after the statements made by Giuseppe Graviano. For the defense, “the search decrees would be based on a phantasmagoric investigative hypothesis” and “do not give reasons in relation to the relationship existing between the applicants and the private agreement being researched”. “The search and seizure order legitimizes an unauthorized exploration activity, aimed at the possible acquisition, direct or indirect, of other crime reports” underline the ‘stoats’ in the reasons. After the cancellation with postponement, the order will now return for a new examination by the court of Florence which “will have to take into account all the principles mentioned, proceeding with the examination of the reasons for the re-examination as proposed by the defense of the applicants”, concludes the Supreme Court.