Impossible wiretapping and free crime

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Summary:
Who will be able to ask for wiretapping?
A word of advice for the criminalsi


Text:
”Good day to you all.
Today we are going to talk about – guess what? About wiretapping. The topic is not a new one but as long as that lot are talking about it, we need to do so as well because they are changing the law again and above all they have managed to convince nearly all of the newspapers that the new text, with the new amendments, is much better than the previous one.
And, it is true at the first glance it seems to be so, it seems that the most devastating part has disappeared, the part that listed the crimes for which it will no longer be possible to do wiretapping. Now this list, thanks above all to the “pressing” by “Alleanza Nazionale” and especially by the president of the Justice Committee for the Lower House, Giulia Bongiorno, and by a part of the Lega Nord who realised, very late, what terrible damage the first Alfano project was inflicting on the war against criminality and thus against the security of citizens.
OK. This first danger has been avoided, but in the meantime, further points have been inserted and paradoxically they make the situation worse: in theory, it is written that it’s possible to do wiretapping for all crimes that have a sentence greater than 5 years, just as it is now. So it means that once more it’s possible to do wiretapping on people who are under investigation or who are suspected of all the “street” crimes: robbery, theft, bag snatching, drug dealing, extortion, kidnapping – and including the white collar crimes like corruption and financial crimes.
Do you know what the problem is? It’s that on paper everything is possible. But in practice, they have invented 2 or 3 mechanisms that on their own are not significant, but when put together they will make it almost impossible for the judges to set up wiretapping.

Who will be able to ask for wiretapping?

I’ll explain: the new text that was presented to the Justice Committee with the government’s amendments, basically sets out 4 points.
The first is who has to set up these wiretaps. Today it is the prosecutor who asks the GIP {Judge for the preliminary investigations} to have the authority to do wiretapping and persons A and B on all the equipment that they use, in the home and their mobile equipment – the GIP weighs things up and authorises the wiretapping that can last fifteen days or at the most twenty days and if they want to make it longer, either because they hope that they will say more, that they will start to speak, that they go on saying interesting things as they have done in the first period, the GIP weighs things up and if he or she reckons that there are the necessary elements, then he can agree to the further period.
He can allow a number of extension periods: if an investigation lasts six months it is absurd that the wiretapping cannot last six months, even because very often the crimes are drawn out and last a long time. There is no criminal who gives himself a final deadline for a crime.
It is possible that the planning of a murder lasts months, that the planning of a robbery lasts months, that a kidnapping even last years. Can you write down how long wiretapping lasts? No, because the criminals don’t write down how long their crime is going to last.
The wiretapping needs to last as long as the crime lasts and perhaps even longer, given that there are people who talk about a crime that they have committed a long time after they have committed it.
The judge decides and gives the necessary extension.
In the future, one GIP on his own will not be enough, there’ll be the need for a college of three judges to set up wiretapping.
You could say “OK, that way there’s more guarantee, six eyes can see better than two”. Certainly, if we were to have a hundred thousand judges. But we have ten thousand, and we have a lot of tribunals – eighty - the small ones that have less than twenty magistrates.
And that means that the magistrates have to act as the prosecutor or the judge. Some are only prosecutors. Obviously because if one is a prosecutor he cannot be a judge. He can become a judge by changing his role, but not in the same time frame.
The people who are judges are either civil or criminal judges. If one acts as a GIP, the Judge for the preliminary investigations, he cannot also be the “Gup” that is he cannot handle the preliminary hearing for sending the defendant for trial nor for the abbreviated procedures.
In an investigation, there has to be a judge who acts as the GIP, another that acts as the Gup, three who act as the re-examination judges and decide on arrests, house arrest, search warrants and sequestrations, and a college of judges for the trial for the most serious crimes, or a single judge for the less serious crimes.
If there are twenty judges in the whole tribunal, how can they manage to find one to act as GIP, another to act as Gup, three who are the re-examination judges, three who do the hearings and now three instead of one to decide on the wiretapping?
It’s obvious that there are not enough and you would have to have one taking on many roles in the comedy. Result: he will become incompatible because he will be declined: “You cannot decide on my wiretapping because you arrested me. You cannot decide on my arrest because you already wiretapped me. You cannot decide on the sequestration of my documents because you have already decided on my wiretapping. You cannot judge me in the courtroom because you were my GIP.” What’s created is an intricate mess of incompatibilities that will lead to the complete paralysis in that Tribunal and they won’t be able to find three judges that are not dealing with the case so that they can decide on wiretapping, on arrests, and on the trial.
Naturally what would be needed is to have a Minister, that is not to have Alfano, given that the Minister should be engaged in ensuring the functioning of the Justice System, not how to change the careers of the judges and attacking magistrates. The Minister must make the Justice System work: provide the pens, the paper, the photocopiers, the police cars for the judicial police, the offices, the chairs, give a coat of paint where it is dirty, to put in props where the tribunal is falling down. This is what the Minister has to do.
If we had a Minister, instead of this “Guarda gingilli” {play on words – Keeper of the Baubles – instead of Keeper of the Seals} that we have, who is anyway in a long tradition of inept and “ad personam” Ministers when they are not under investigation, if we had a real Minister, he would take the map of the Tribunals in Italy and he would take the little ones, and get rid of them and merge them at least with those in the main towns of the provinces, so as to avoid having micro-tribunals where the judges should do everything and can do nothing because they end up with incompatibilities.
But we do not have this luck. We have this Minister who goes around and spouts off about things that have nothing to do with him.



A word of advice for the criminals

Second, the duration. Today the duration is what is decided by the GIP, and rightly so, on the basis of the requests of the prosecutor and on the basis of what comes out of the first 15 days of wiretapping: there’s a decision as to whether to go ahead or to stop there.
At times the GIP makes a mistake: for example, when Guariniello put the Juventus directors under surveillance in the Turin side of the “calciopoli” scandal - if I’m not mistaken, in the summer of 2004, he discovered that Moggi called Pairetto, the person who assigned the referees to the matches, to choose the referees for himself, even in the pre-championship matches.
”I want the referee Pieri for the Luigi Berlusconi trophy.” That Sunday Pairetto assigned the referee Pieri. Even for the friendlies, do you see?
With such compromising telephone calls, when the championship started, who knows what would have been found; instead Guariniello, the prosecutor, came up against a GIP who did not understand, who had not picked up the depth of the business because it related to football and he thought it was a “burletta” {comic opera}. Anyway it happened that he didn’t allow him to go on with the wiretapping.
At the best bit, Guariniello had to stop. Luckily, the Naples Procura {prosecutors department}, without having any knowledge of what Guariniello was doing, were following the traces of the Gea – the company of the procurators of the family of Moggi, Lippi etc – and had attached bugs and stuff for more or less the same people (and even more of them) as the ones that Turin had had to remove. The wiretapping went on even though the one lot didn’t know about the other lot. They managed to capture the whole championship season.
For the whole championship they heard that Moggi, during the championship, was doing even more than he had done for the friendlies: to Bergamo, the other nominator of referees, he dictated the preliminary grid for the football fixtures, and he brought about all that we found out about three years ago, the same stuff that they are trying to make us forget about by inviting Moggi here, there and everywhere to tell whopping lies.
Anyway, the trial is ongoing in Naples.


...


Posted by Beppe Grillo at 10:40 AM in | Comments (4) | Comments in Italian (translated) Post a comment | Sign up | Send to a friend | | GrilloNews | listen_it_it.gifListen |
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Comments

Pino thank you for your correction much appreciated. You are absolutely correct about the 7 hours I ommitted. Even an omission of 10 seconds would be enough for these gangsters (the italian politians that is)to take full advantage of.
How the hell are we going to get rid of this lot?
I suggest executing all of them by putting them against a stainless steel wall so that just in case the shot misses the bounce back doesn't.

Posted by: Maurizio Odello | February 4, 2009 09:56 AM


Well said Maurizio ! I have a problem with 24/7/365 since it would leave out 7 hrs a day and one day every leap year. This would give to italian politicians enough time to still be in the center of all organized crimes.

Posted by: pino vidozzi | February 3, 2009 04:06 PM


The same old principle: "Bullshit Baffles Brains".
Though I think that the majority of the Italians who have brains have used those brains and fled the country.
There are, of course, notable exceptions.

Posted by: Rolly Wheeler | February 3, 2009 02:01 PM


All typically complicated in true italian style.
Bamboozled anyone?
The question here in simple language is that wiretapping should be implemented by law on all italian politicians 24/7/365 as a matter of routine since they are the centre of all crime committed in Italy.

Posted by: Maurizio Odello | February 3, 2009 11:55 AM


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