Trani, in eight of the police forces exonerated from the charge of extortion. The opinion of the lawyer La Scala

Wide News recounts the judicial misadventure of 8 law enforcement officers accused of extortion.

In 2012 eight were arrested, including carabinieri and policemen, accused of having demanded vouchers full of petrol and free drinks in order not to report irregularities that emerged from roadside checks on truck drivers and transporters. The process takes place at Trani, chaired by the former pm Michele Ruggiero. In front of the gup, everyone decides for the shortened procedure. Of the eight arrested, five are acquitted immediately, while two carabinieri, respectively from Foggia and Bari, are sentenced to sentences ranging from eight months to a year of imprisonment.

At the beginning of August of this year, the Court of Appeal of Bari expressed itself with a sentence that annulled the sentence in the first instance and acquitted, with full formula, also them, because the fact did not exist.

For the lawyer Antonio La Scala, president of the association Gens Nova, as well as defender of one of the accused, the reasons that have led the judges to exonerate, now, even the military 2 and the police officer, are to be read with reference to a principle of law that comes out of the concrete case.

"In fact, "explains the lawyer," What does the law say? And here I must mention the first anti-corruption "historical package" wanted by Cantone. I refer in particular to the Code of Ethics of the Public Employee, introduced immediately after the ANAC (National Anti-Corruption Authority) and, in this case, to the 190 of the 2012, where the difference between the possible problems related to the regalia and those, is well highlighted. instead, more specific than the offense of extortion".

"La extortion  to be such, it must provide, by a Public Official, the abuse of its specific functions, through practices of constraint or instigation, aimed at obtaining money or other from a common citizen, to exonerate him from reports or disputes about irregularities committed. In short, how to say, you give me or I take what you offer me and I close my eyes on what is wrong. In the case of the regalia, the deontological code admits it, but it must not exceed € 150, therefore it must be of moderate value, it must be given occasionally and as a courtesy. In the above sentence, this right is specified, as well as underlined, speaking of my client, accused of having taken a petrol voucher, his total extraneousness to the facts. So, no extortion but, in this case, no regalia either. Certainly the gift, which does not constitute a crime in itself, is, however, a bad habit at a disciplinary level. It is always better to avoid it, but it is not an act contrary to official duties. Bad practice yes, but it is not a fact that can constitute a criminal offense. It is crucial to highlight that there has been acquittal for everyone, but it is even more so, to specify that it was not a "simple or single" acquittal with a full formula, because these people must be fully rehabilitated, as is their right, on the basis of this specific rule, expressly protected by the code of ethics and the first anti-corruption package. "

Trani, in eight of the police forces exonerated from the charge of extortion. The opinion of the lawyer La Scala

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