Roggero Case, here’s why Nordio could propose the pardon | Libero Quotidiano.it

“Nordio wants to bypass Mattarella!”. “Nordio does not know the Constitution!”. “The government delegitimizes Mattarella!”. “The government has put Mattarella under attack!”. “They are all fascists!”. Nonsense from the entire progressive spectrum. It was enough for the Minister of Justice to move to start the investigation of the pardon request for Mario Roggero, for the opposition to mobilize, no party excluded, for the use and consumption of the Quirinale to attack the center-right. “Only the President of the Republic can grant the pardon!”.

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Really? Nobody knew that… Luckily there are the experts of the Charter to explain it to us, otherwise how would we survive? In yesterday’s interview with Libero, the Undersecretary of Justice, Alberto Balboni, had already explained how there is a circular dated 2021 and signed by the emeritus president of the Constitutional Court, the then Minister Marta Cartabia, which provides the possibility for the Minister of Justice to start ex officio the process for granting the pardon.

EX OFFICIO PROPOSALS
But that’s not all. There is also a book titled “The exercise of the power of pardon. Rules and practices of the procedure for granting individual clemency” (Giuffrè Editore, 2016), which explains very well how the practice works. It was written by Enrico Gallucci, Cassation counselor and renowned jurist, that is the magistrate who since 2006 has served out of role at the General Secretariat of the Presidency of the Republic at the Quirinale, where he holds the position of head of the “Pardon Department.” And what does Gallucci write in this book? That in “(…) in case of a pardon proposal or, finally, the opening of an ex officio investigation on the initiative of the Head of State or the Minister, the related investigation must necessarily proceed.” And again: “Of course, the possibility remains for the Head of State or the Minister to start, ex officio, the investigation, taking inspiration precisely from requests in favor of the pardon from subjects not entitled.”

Again: “Even in the case of a pardon granted “ex officio,” however, it is necessary to proceed with the investigation, whose activation is then ordered by the President of the Republic or the Minister of Justice (depending on who took the initiative) and follows the ordinary sequence, with the acquisition of opinions from the competent judicial authorities.”

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THE PRECEDENT
Just to refresh the memory of the broad field, in 2007 it was precisely the Minister of Justice, Clemente Mastella, during the Prodi II government, who proposed granting the pardon to five former South Tyrolean terrorists convicted for attacks committed in the ’60s with the aim of bringing South Tyrol back under Austria: four were pardoned from the accessory penalty of disqualification from public offices, while for the fifth the clemency covered the short period that separated him from the statute of limitations of the prison sentence. In that case, no request had arrived either from the convicts or from other persons entitled to do so, such as relatives or lawyers, as provided by article 681 of the criminal procedure code.

That proposal was then accepted by the President of the Republic at the time, Giorgio Napolitano. Moreover, it is the same paragraph 4 of article 681 that provides that the pardon “can also be granted in the absence of a request or proposal,” therefore ex officio, that is on the initiative of the Head of State or the Minister of Justice. Therefore, contrary to the progressive narrative, Nordio did not even remotely try to overstep Mattarella’s prerogatives. Next week, after the request filed yesterday by the jeweler’s wife, the investigation for the possible pardon will be started with an ordinary procedure, without any institutional forcing. The magistrates will have the task of collecting all the documentation, the opinions of the Supervisory Court and Roggero’s judicial history. In the end, as is obvious, it will be up to the President of the Republic alone to give the green light, or not, to clemency.

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