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Vatican, Crassus defense: “Court order good but not healthy genetic defect process”

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“Today, in concrete terms, the exact same result has been produced that would have been produced if there had been the annulment of the entire decree of summons, because the decree was annulled in relation to almost all the defendants and, as regards Crassus, in relation to some of the most serious crimes and over half of the crimes hypothesized, and the documents were then returned to the promoters of justice so that they could deposit them in full by November 3 and carry out the interrogations. entire summons would have had more or less the same result. ” Thus the lawyer Luigi Panella, defender of Enrico Crasso, the former finance manager of the Holy See on trial together with nine other people including Cardinal Angelo Becciu for the financial scandal born from the purchase of the Sloane Avenue building in London, comments on the decision of the president of the Vatican Tribunal. “I am happy – Panella says to Adnkronos – because the court seems to be beginning to understand that the rights of the defense must be guaranteed, even if unfortunately what occurred during the preliminary phase, with the intervention of four papal rescripta that established an exceptional criminal procedure only for this procedure, in my opinion affects this process. It is a genetic defect that even such an ordinance cannot heal. On the basis of the papal rescripta, Torzi was arrested – underlines the defender of Crassus -, A summary instruction was maintained for the entire duration of the procedure, telephone wiretapping was carried out: activities that have significantly characterized this process “.” From the point of view of the Vatican legal system – adds Panella -, the fact that the Pope to intervene is legitimate. However, it will be necessary to see all the other states in the world that have so far provided judicial assistance to this procedure. whether they will continue to do so or whether international conventions that have not been signed by the Vatican State will have to be adhered to. As for Italy, certainly a legislative intervention that limited itself to defining the procedural rules of a single proceeding – as in the case of rescripta – would be unconstitutional because it would constitute that judicial body as a special court. These are issues which concern fundamental human rights and which cannot be overcome by such an ordinance. The problem is whether this absence of rules of international conventions makes this procedure recognizable abroad. How effective can a sentence of this kind issued on such a procedure be outside? This is the real point of the whole question “. ‘If international rules are not respected, will the sentence be effective abroad?’ In any case, highlights the defender of Crassus,” we have signaled the need to respect the right of defense and now there is a new deadline for the promoter of justice set at 3 November and therefore we expect the missing documents to be filed. The problem – he reiterates – is that in this trial there are statements that have been made, for example, by Torzi in custody and there are statements made by Monsignor Perlasca who presented himself spontaneously despite being a defendant and who made accusatory statements towards others. There are a series of problems, in short, which in my opinion cannot be remedied by ordinances, albeit inspired by the need to guarantee the right of defense “. As for the next steps, explains the lawyer Panella,” now the promoter of justice will have to reconvene the people who have been removed, to question them on the hypothetical facts against them, on the basis of knowledge of all the material. I imagine that after the filing of the documents set for November 3, the promoter of justice will proceed with the interrogations or with the summons. It is necessary to see if people will show up or not, however it is important that he summons them and, if they do not convince him of the non-existence of these crimes, he will have to ask for the summons of the judgment again and then I imagine that at that point there will be a meeting with the procedure that in the meantime will have gone ahead with respect to those that have not been canceled or for the hypotheses of crime not canceled. For Crassus there remain some that have not been excerpted and therefore for those on November 17 the process will have to continue “.

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