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Yes. However, it is an old defense tactic to avoid an in absentia trial by resorting to legitimate impediment to attend a trial session. An in absentia trial would move along quickly to its conclusion since the defense has either willfully renounced to be present or is at large or the judge has declared the defendant in absentia with a motivated decision (as I recall).

Berlusconi seeks to have his trials prolonged indefinitely just as all of his cohorts (Previti, Dell'Utri, etc.) by systematically presenting overriding impediments that prevent him or his lawyers to attend the trial that day. His lawyers or himself are often either sick, wounded (broken this or that) or in parliament or whatever may be construed as a plausible excuse. Since the statute of limitations ticks on until the supreme court, anything goes.

The judge has ruled that all sessions will be held on Mondays and if there is a "legitimate" impediment, the ssession will be held on the next available day of that same week. This ruling is designed to foil the defense's game of putting the trial off indefinitely.

If in the long run trial sessions are regularly put off, the judge could have grounds to declare an in absentia trial- which would probably be appealed anyway, thus putting off the trial once again until a higher court confirms or rejects the decision.

The best thing to do would be to reform the law on the statute of limitations: simply eliminate limitations once the trial has started. There would no longer be a reason to drag trials on for years.

This banal solution is the last thing politicians and criminals want.

It would also take the wind out of this sesquipedelian bullshit about B be "persecuted" years after his alleged crimes. He, his lawyers and MP's do everything possible to create that situation.

 

by de Gondi (publiobestia aaaatttthotmaildaughtusual) on Wed Nov 18th, 2009 at 06:46:45 AM EST
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I must add that Mr. Ghedini is not a man of his words.
by de Gondi (publiobestia aaaatttthotmaildaughtusual) on Wed Nov 18th, 2009 at 06:50:19 AM EST
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And that Berlusconi has yet to attend the FAO meeting... His next excuse will be carpal dislocation for jerking off in absentia.
by de Gondi (publiobestia aaaatttthotmaildaughtusual) on Wed Nov 18th, 2009 at 06:52:36 AM EST
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...carpal dislocation for jerking off ...

That kind of stuff gets me in trouble all the time.

They tried to assimilate me. They failed.

by THE Twank (yatta blah blah @ blah.com) on Wed Nov 18th, 2009 at 07:44:54 AM EST
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Italy is a special case.

Peak oil is not an energy crisis. It is a liquid fuel crisis.
by Starvid on Wed Nov 18th, 2009 at 10:26:25 AM EST
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