Trials and allegations involving Silvio Berlusconi
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Trials and allegations involving Silvio Berlusconi (1936-2023) have been extensive and include
.Allegations
Berlusconi was tried in Italian courts in several cases. The outcome for six of those cases were politically altered to end with "no conviction", because of laws passed by Berlusconi's
Status of trial | Allegation | |
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Convictions |
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Acquittals | Acquittal, due to a changed law |
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Other acquittals |
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Discharged |
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Guilty of extinct crimes | Time limits extinct crimes[a] |
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Time limits extinct crimes, due to a changed law |
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Amnesty extinct crimes |
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Ongoing trials |
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Notes:
- extenuating circumstances. "If the application of the statute of limitations due to terminate shall be a result of the granting of extenuating circumstances, the judgment is characterized by a prior acknowledgment of guilt of the accused and is a source of injury to him."[46]
Completed trials
Propaganda Due (P2) trial: False testimony (1989)
In 1981, a scandal arose after the police discovery of
Some political commentators claim that Berlusconi's electoral programme followed the P2 plan.[68]
Bribery of lawyer David Mills (1999)
On 17 February 2009, Mills was found guilty of accepting a bribe of about 400,000
External relationship in mafia association
The Court of Palermo investigated Silvio Berlusconi and his associate Marcello Dell'Utri, on the charge of external partnership with Mafia associations and money laundering. Nine years later the trial ended with a sentence of 9 years imposed on Marcello Dell'Utri and the acquittal of Silvio Berlusconi.
Massacres of 1992–1993
The Court of Florence and Caltanissetta investigated Silvio Berlusconi's connection with the Sicilian Mafia. He was accused of connections with the people responsible for the massacres of 1992 (Capaci and via D'Amelio) where two prosecuting magistrates, involved in the Mafia trial known as "Maxi-processo" of the 1980s, Giovanni Falcone and Paolo Borsellino were brutally murdered.[72] The case was archived due to insufficient amounts of evidence found at the expiry of the investigative deadline.
RAI-Fininvest advertising cartel
Berlusconi was through his status as upcoming
All Iberian 1 (Illegal financing of a political party in 1997)
Conviction set aside because the statute of limitations expired before Berlusconi exhausted all appeals.
Bribery of the Guardia di Finanza (Arces process)
Silvio Berlusconi (owner of Fininvest) was accused of complicity in corruption. The crime was perpetrated by
- Court rulings
- First-instance Court (July 1998): sentenced Silvio Berlusconi to 2 years and 9 months imprisonment, for all four bribes.[26]
- Court of Appeals (May 2000): For Silvio Berlusconi, the Corte di Cassazione, Sect. IV, Sentence no. 5069, 21 May 1996.
- Court of Cassation (October 2001): full acquittal for Silvio Berlusconi in all 4 cases. The other accused in the case were judged to:[25]
- Paolo Berlusconi: full acquittal.
- Alfredo Zuccotti (former managing director of Fininvest): 1 year and 4 months imprisonment.
- Salvatore Sciascia (the former head of the tax office of Fininvest): 2 years and 6 months imprisonment.
- Massimo Maria Berruti (the legal advisor to the group Segrate): 10 months imprisonment.
- Vincenzo Tripodi (colonel of Guardia di Finanza): full acquittal.
- Giovanni Arces (officer of Guardia di Finanza): 2 years imprisonment.
- Angelo Capone (officer of Guardia di Finanza): 3 years imprisonment.
- Francesco Nanocchio (officer of Guardia di Finanza): 2 years and 2 months imprisonment.
In April 2010, the supreme court noted through the published motivations of its ruling in the Bribery of lawyer
Illegal financing of a political party on All Iberian 1: statute of limitations
Court of First Instance: sentenced to jail (2 years and 4 months) for paying 21 billion lire (about 10 million euro) to Bettino Craxi via an offshore bank account codenamed "All Iberian".
Court of Appeal: the statute of limitations[75] expired before the appeal was completed so Silvio Berlusconi was acquitted.
Medusa Film company purchase
In October 1995, Berlusconi received a "notice of investigation" from the prosecutor Margherita Taddei, on charges of false accounting and embezzlement connected to the purchase by Reteitalia (a subsidiary of Fininvest and the holding company of Canale 5) of the company Medusa Film, back in 1988. According to the financial statements of Reteitalia the purchase had cost 28bn lira, but according to the owners of Medusa Film they only received 18bn lira for the sale. The difference on 10bn lira (equal to €5.2 million) had been silently transferred by Reteitalia in monthly tranches of 100 or 200 million lira at a time into five private bank accounts owned by Silvio Berlusconi. The initial response of Berlusconi, which came during a TV broadcast on 5 October 1995, was to say: "It' s absurd accusing me of embezzlement, since I own one hundred percent of Reteitalia". The prosecutor replied, that in Italy it is a crime to make hidden (not accounted for) payments to shareholders. Subsequently, Berlusconi declined to show up for interrogations with the prosecutor, referring to that he knew nothing about the money transfers to his five private bank accounts, and claimed it was so small amounts that he never himself had noticed/questioned why these extra amounts had been transferred. The prosecutor then instead interrogated four other business people from Reteitalia, and in November 1995 filed an indictment request for all five persons (including Silvio Berlusconi) for having committed false accounting and embezzlement. If the embezzlement charges would be proven by the court, this part of guilt would, however, be granted impunity due to a 1988 amnesty for the crime.[29]
- Court rulings
- First-instance court: 1 year and 4 months imprisonment for Silvio Berlusconi.[30]
- Court of Appeals (February 2000): Full acquittal, since he was considered being too rich to be aware of such small amounts.a The four other Reteitalia managers charged in the case received: Adriano Galliani (acquittal), Livio Gironi (acquittal), Giancarlo Foscale (acquittal), and Carlo Bernasconi (conviction confirmed).[30]
- Court of Cassation (October 2001): Full acquittal, since he was considered being too rich to be aware of such small amounts.a To be exact, the court ruled the previous Court of Appeals ruling to be upheld because: "re-examination of the same facts is not admissible to the Supreme Court".[31]
a Among the reasons for full acquittal were: (1) The 10bn transfers to Silvio's bank accounts were made by his father before he died, (2) As Reteitalia is managed independently from Fininvest managers, "one must also exclude a knowledge of the ex-post' enrichment and its causal" by Berlusconi, because it "would require the visibility of the 'increase of more than 10bn even after some months of using the bank accounts.", (3) But this visibility "is contradicted by reality," since "the multiplicity of bank accounts belonging to the family Berlusconi, the pulverization of the sum into five bank accounts and other large well-known heritage of Silvio Berlusconi in which the sums were widely divided to flow, postulate the impossibility of knowledge of both the extra saldo increases and especially the origin of the same.", (4) Without "knowledge and acceptance of the causal", there can be no "involvement of the defendant for the act of preparation false corporate communications.".[32]
Bribing a judge on Lodo Mondadori: statute of limitations
First Court: A
Appeal Court: statute of limitations[75] expired before the appeal was completed so Silvio Berlusconi was acquitted.
False accounting on All Iberian 2: not guilty (law changed)
First Court: On 26 September 2005, Berlusconi was
False accounting on Fininvest Media Group Consolidated: statute of limitations
Allegation: 750 million euro of illegal (black market) funds stored by Fininvest in 64 offshore companies. The statute of limitations[75] expired due to the new laws on false accounting approved by Berlusconi's government, therefore an acquittal was given because no specific damaged party reported it to the government.
Embezzlement, tax fraud and false accounting on Macherio estates: 3 acquittals and 1 amnesty extinct crime
First Court: acquitted for embezzlement and tax fraud, the statute of limitations[75] expired before a verdict was reached on the two cases of false accounting.[33]
Appeal Court: acquitted for embezzlement, tax fraud and false accounting for the Idra company; while being guilty on false accounting for the Buonaparte company – a crime he however received amnesty for due to the 1992 fiscal remission law.[34]
False accounting on Lentini affair: not guilty (law changed)
Allegation: 5 million euros paid secretly to Torino football club for buying the player Gianluigi Lentini bringing him to AC Milan.
First court: The statute of limitations expired due to the new laws on false accounting approved by Berlusconi's government, therefore the case was closed with an acquittal on 4 July 2002.[77]
False accounting, embezzlement and tax fraud on Mediaset television and cinema rights: not proven
Silvio Berlusconi was on trial in relation to transactions carried out by the Berlusconi family's media company
Violation of antitrust law, money laundering, and tax fraud, through transactions by the Telecinco TV-channel (Spanish case): not proven
In Spain, Silvio Berlusconi, along with other
Corrupting a judge and false accounting on SME-Ariosto: not guilty
At its outset, the trial SME-Ariosto involved both Cesare Previti and Silvio Berlusconi. Subsequently, a bill was approved by the Italian parliament, the so-called "Lodo Maccanico" act (also known as "Lodo Schifani", after the name of Renato Schifani, the lawyer of Berlusconi and now speaker of the Italian Senate who was also a member of parliament working on the law). This law guaranteed immunity to the five highest officers of the state (premier, president of the Republic, Senate's speaker, Deputy Chamber's speaker, Constitutional Court's president) during their period in office. To avoid complete suspension of the trial, the Court of Milan split it into two parts, one regarding Cesare Previti, the other Silvio Berlusconi. The Cesare Previti part of the trial resulted in a guilty verdict. In the other part (regarding Silvio Berlusconi) the Italian Prime Minister's innocence had still not been proven but the case had to be stopped because of the "Lodo Maccanico"' immunity act. On 16 April 2004, the Constitutional Court declared that the "Lodo Maccanico" violated articles n. 3 and 34 of the Italian Constitution,[78] therefore this immunity act was declared unconstitutional and the trial resumed. After 12 years of trial, Silvio Berlusconi was
Tax fraud on Telecinco: not guilty
Silvio Berlusconi was indicted in Spain for charges of tax fraud and violation of anti-trust laws regarding the private TV network
Country flights
On 3 June 2009, Silvio Berlusconi was charged Roman prosecutor Giovanni Ferrara with abuse of office for using government-funded flights for personal use.
Trani episode
Berlusconi was signed in the register of suspects, for some telephone interceptions where "he forced the director of a tv channel, to close the TV political program Annozero" as said by the magistrate Michele Ruggiero.
Investigation of Milan
In October 2010, Silvio Berlusconi and his son Piersilvio were investigated in connection with false financial statements.
Abuse of office in the Unipol case (2005)
In February 2012, Milan prosecutors charged Berlusconi with abuse of office in 2005, in connection with the publication of wiretapped conversations in the Italian newspaper Il Giornale, which is owned by Berlusconi's brother Paolo Berlusconi.[50][79] The publication of the conversations between then Governor of the Bank of Italy Antonio Fazio, senior management of Unipol and Italian centre-left politician Piero Fassino was a breach of secrecy rules and was seen at the time as an attempt to discredit Berlusconi's political rivals. Their publication also eventually led to the collapse of the proposed takeover of Banca Nazionale del Lavoro by Unipol and the resignation of Fazio.[79] The head of the company used by Italian prosecutors to record the conversations has been previously convicted of stealing the recordings and making them available to Berlusconi.[50] On 7 February 2012, at an initial court hearing, Berlusconi denied he had listened to the tapes and ordered their publication.[50] The first-instance ruling was issued 7 March 2013, and sentenced Berlusconi to a year in prison and the joint payment together with his also convicted brother, of 80,000 euro as compensatory damages in favor of Piero Fassino in addition to court litigation costs of €10,000.[51][52][53] On 31 March 2014, the Milan Court of Appeal ruled that the evidence did not clear Paolo and Silvio Berlusconi from guilt, but that the facts are now prescribed, which mean they were both acquitted due to the statutes of limitations. Although Paolo still had to pay €80,000 as compensatory damages to Fassino.[54][55]
Convictions
Tax fraud in the Mediaset trial
The
Both indictments were related to achievement of personal tax evasion, through illicit trade of movie rights between Mediaset and secret fictive foreign companies situated in tax haven nations, causing fictive losses for Mediaset, with the trade gains being accumulated by the foreign companies owned by the indicted tax fraudsters, who ultimately had the gains paid out as personal profit without paying tax in Italy. In 2007, the court case at first-instance had not yet been launched, and the prosecutors dropped the (A) charges against Berlusconi due to the statute of limitations, and for the same reason the (B) charges were narrowed down to the 1994–98 period, in which the prosecutor charged Berlusconi for having committed a personal tax evasion of €7.3 million.[82]
On 26 October 2012, Berlusconi was sentenced to four years of punishment by an Italian court for tax evasion.
On 8 May 2013, the Court of Appeals in Milan confirmed the four-year prison sentence, and extended the public office ban to five years.
Due to being over 70 years of age, Berlusconi was not placed direct in prison but could decide if he wanted to serve his one-year jail term either by a house arrest at one of his private residences or by doing community service. As the gross prison term exceeds two years, the Severino law prompted the Senate to vote if Berlusconi shall be forced to resign his current senate seat immediately, or alternatively allowing the court imposed ban on holding public office only to take effect by the end of his current legislative term. The pending senate vote, combined with anger over Berlusconi's conviction (a poll indicated 42% of the public believed he was unfairly persecuted by the magistrates) presented a serious political challenge for the fragile ruling coalition.[87] On 3 August, Berlusconi suggested that unless a solution to his predicament could be found, Italy was at "risk of a civil war".[88] The following day, thousands of supporters gathered in front of his house in protest of the ruling.[88]
On 30 August, Italian President Giorgio Napolitano announced he had not selected Berlusconi as one of the new four lifetime senators, which are granted the privileges of being a lawmaker for life with some protected legal immunity, meaning they can continue working in politics even after being convicted guilty for criminal offences that otherwise would lead to ban from serving one of the public offices.[89] On 9 September, a Senate committee began its deliberations to decide if Berlusconi's public office ban shall start immediately or by the end of his current legislative term. Before the committee decision becomes effective, it also needed to be approved by a vote in the full Senate.[89][90]
The deliberations of the Senate committee lasted for several weeks before they reach a decision. According to the Severino law, which became enacted by the Monti government in December 2012, anyone sentenced to more than two years in prison is deemed ineligible to hold public office for a period of six years, or eight years if convicted for abuse of power, and should immediately be expelled from the parliament. Berlusconi argued that the Severino law can not be used to expel persons convicted for crimes committed before December 2012, and pleaded for the proceedings to be postponed until the European Court of Human Rights or the Constitutional Court of Italy had ruled, whether or not he was correct about his interpretation of the law. Berlusconi also stated that he in any case had decided to appeal the court ruling against him to the European Court of Human Rights, as he still claimed the ruling itself to be a political and unjust attempt by his opponents, to deprive him of his political power. The response by Prime Minister Enrico Letta's centre-left Democratic Party was to reject Berlusconi's plea, accusing him of only launching time-wasting maneuvers.[91] Berlusconi's PDL party then made a threat to withdraw their support for the government if the Senate committee expelled Berlusconi as senator. The Democratic Party replied by warning the PDL that they would reject any blackmail attempts, and in any case only would vote in the Senate committee according to the standard of the Italian law. Ahead of the Senate committee's voting, the leading criminal lawyer Paola Severino, who helped design the Severino law, stated to la Repubblica that this specific law in her professional opinion also applied for crimes being committed before its enactment in December 2012.[92]
On 10 September, at the second day of the Senate deliberations, the Democratic Party stated they intended to vote down all three PDL submitted motions to delay the Senate deliberations, and accused PDL of obstructing the work of the Senate committee by playing delaying tactics.
Berlusconi was expected to start serving his four-year prison sentence (reduced to one year), either under house arrest or doing unpaid social community work, in mid-October 2013.[90] In mid-October, he informed the court that he preferred to serve the sentence by doing community service. Because of bureaucracy in the legal court system, it was however expected his one-year-long full-time community service would only start in around April 2014.[103] On 19 October, the Milan appeal court ruled that Berlusconi's public office ban should be reduced from five to two years; which was later also confirmed by the Court of Cassation.[104] The court imposed this public office ban, which did not change the fact that, according to the Severino law,[105] Berlusconi received a ban preventing him from running as a candidate in legislative elections for a prolonged six-year period,[102] which effectively superseded the shorter court imposed public office ban.[106] Berlusconi began his community service at a Catholic care home centre on 9 May 2014, where he was required to work four hours a week for a year with elderly dementia patients.[107]
As of 2017, Berlusconi's appeal regarding his six-year public office ban was pending before the European Court of Human Rights.[108]
Ongoing proceedings
Bribery of senators supporting the Prodi government (2006)
In February 2013, Silvio Berlusconi was under investigation for corruption and illegal financing of political parties from the public prosecutor of
On 23 October 2013, Silvio Berlusconi and Valter Lavitola were both indicted by the judge for preliminary hearings, Amelia Primavera. For Senator De Gregorio the process has already been closed in a preliminary hearing, because he opted to self-confess and bargained a reduced sentence of 20 months in prison for the crime. The court hearing at first-instance for the indicted Silvio Berlusconi, was scheduled to start on 11 February 2014.
When his solicitor, Professor Coppi, "recalled the constitutional basis of the freedom of parliamentary activity, the prosecutor Woodcock reacted indicating the illegality of the transfer of money, which resulted in the sale of senators. The Naples Court ruled in favor of the second" thesis.[112]
On 20 April 2017 the Appeal Court of Naples ruled that, although the accusations against Mr Berlusconi were true, the statute of limitations applied, in other words the case had been "timed out".[113] It is worth noting that in spite of the overwhelming strength of the evidence against him, Mr Berlusconi went unpunished whilst the recipient of the bribe accepted a prison sentence. This was due to Berlusconi's government (in 2011) shortening the time limits for completing a successful prosecution before the statute of limitations kicked in, which allowed his lawyer to play for time.[114]
Defamation against Antonio Di Pietro (2008)
Berlusconi repeatedly questioned the legitimacy of the educational degree of the former
On 5 October 2010, the court in Viterbo considered Berlusconi could not be judged or punished, because of the parliamentarian immunity Article 68 of the Italian constitution forbidding any legal prosecutions against words spoken by parliamentarians in the process of their "exercise of parliamentary duties", in conjunction with the Chamber of Deputies recently having voted for a decree to appoint Berlusconi absolute immunity for any spoken words while serving as a deputy. On 19 January 2012, this judgment was set aside by the Supreme Court, which ruled that Berlusconi had been speaking during a campaign rally and not in an institutional setting; meaning he was not covered by the immunity protection provided for by the constitutions Article 68, and consequently should face a new court trial to be held either at the Viterbo court or the Constitutional Court.[115][116]
On 10 January 2013, the Viterbo court decided to transfer the case for judgement directly to the Constitutional Court.
Ruby process: Child prostitution and abuse of office (2010)
Silvio Berlusconi was indicted for paying Moroccan nightclub dancer
Ongoing investigations
In addition to the ongoing court trials, Berlusconi was also involved in the following two ongoing legal investigations, which would have evolved to become an ongoing court trial if the judge at the preliminary hearing had indicted him of the alleged crime:
- Ruby ter (2011–13): Corruption in judicial acts (bribing witnesses) in connection with evidence submitted at the main "Ruby case". Allegedly a bribery with €2500 paid per month for each of the 18 Olgettine girls from Arcore (the girls – including Ruby – participating in the evening events at Berlusconi's residents) to speak in favor of Berlusconi, had been started by his two defending lawyers, Niccolò Ghedini and Piero Longo, in the aftermath of the opened police investigation on 15 January 2011. In addition, the Mediaset journalist Silvia Trevaini had allegedly been bribed, not only by the same monthly fee but also by extra gifts equal to €800,000. Finally Ruby, in particular, had been promised by Berlusconi "a huge reward if she would keep quiet or otherwise make him mad", and Ruby had replied she was "waiting for €5 million". On 23 January 2014, the public prosecutor Edmondo Bruti Liberati, asked for a legal case to be opened for a preliminary hearing.[123]
- Illegal financing of the political party Italians in the World: On 16 April 2014, the Naples prosecutor deposited new documents in which Berlusconi was under investigation for the crime in recent years of illegal financing of the political party Italians in the World, being led by ex-Senator Sergio De Gregorio. Currently this process is under investigation, with an upcoming preliminary hearing to decide if a court indictment shall be filed.[124]
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