San Marino. Mazzini account, today the third instance hearing to ask for the money back
The hearing of the third instance of the Mazzini Account before the judge Oliviero Mazza is scheduled today.
ANTONIO FABBRI. To appeal – function of the law specifically approved by the majority for a further degree of judgment in the event of confiscation without conviction – all defendants except, as far as is given, Fiorenzo Stolfi And Giovanni Lonfernini.
Basically, to put it simply, following the sentence of the Guarantors which overturned the previous jurisprudence, the defendants were declared not punishable for the offenses committed because at the material time, self-laundering did not constitute a crime. At the same time, however, judge Caprioli acknowledged that the money moved was of illicit origin and, therefore, that already seized was confiscated, that is, confiscated from the state. It ended there were it not for the fact that in the race, when the appeal was pending, a new law was introduced, wanted by the Government and the majority, which provides that it has introduced a third degree of judgment in San Marino and that it can also be used in the event of confiscation without conviction.
The Judge of Third Instance, Oliviero Mazza, will therefore have to first assess the admissibility of the appeal. This is because the appeal sentence intervened in the meshes of the entry into force of the new law, which entered into force on March 17, 2022. The first evaluation that will be up to the Third Instance Judge is therefore the applicability of the new criminal procedure to a sentence passed in judged before the entry into force of the law, despite being within sixty days for the appeal.
Among those who take admissibility for granted, also given the political diligence in approving the law promptly, and those who question it, it must be said that once the appeal has been declared admissible, the third instance judge will have to examine the merits – and therefore the judgment will also be of merit and not of “mere legitimacy” as claimed by the Secretary of Justice – the illegality of the origin of the money already attested by two degrees.
Article taken from The information of San Marino published in full after 11 pm