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Court weighs Berlusconi immunity | Court weighs Berlusconi immunity |
(about 2 hours later) | |
Italy's top court has begun reviewing a law that grants Prime Minister Silvio Berlusconi immunity from prosecution while in office. | Italy's top court has begun reviewing a law that grants Prime Minister Silvio Berlusconi immunity from prosecution while in office. |
The immunity law enabled Mr Berlusconi to withdraw from a number of court cases, including one where he was accused of corruption. | The immunity law enabled Mr Berlusconi to withdraw from a number of court cases, including one where he was accused of corruption. |
Opponents say immunity violates the principle that all citizens are equal before the law. | Opponents say immunity violates the principle that all citizens are equal before the law. |
If Mr Berlusconi loses, his advisers say he may have to resign. | If Mr Berlusconi loses, his advisers say he may have to resign. |
Observers say that is unlikely, though a ruling against Mr Berlusconi could leave him weakened. | Observers say that is unlikely, though a ruling against Mr Berlusconi could leave him weakened. |
If the law is ruled unconstitutional, it would open him up again to prosecution, at a time when separate personal scandals have already dented his support, says the BBC's Duncan Kennedy in Rome. | If the law is ruled unconstitutional, it would open him up again to prosecution, at a time when separate personal scandals have already dented his support, says the BBC's Duncan Kennedy in Rome. |
Senator Lucio Malan, a member of Mr Berlusconi's People of Freedom party, said he was confident the law would not be changed. | Senator Lucio Malan, a member of Mr Berlusconi's People of Freedom party, said he was confident the law would not be changed. |
"The Constitutional Court already ruled about a similar law a few years ago and the current law has been drawn keeping in account what the Constitutional Court said a few years ago," Mr Malan told the BBC's World Update programme. | "The Constitutional Court already ruled about a similar law a few years ago and the current law has been drawn keeping in account what the Constitutional Court said a few years ago," Mr Malan told the BBC's World Update programme. |
"So I think that there won't be major problems with the constitutional court." | "So I think that there won't be major problems with the constitutional court." |
Bribery conviction | Bribery conviction |
Soon after Mr Berlusconi came to power last year, a law was passed giving him immunity from prosecution while in office. | Soon after Mr Berlusconi came to power last year, a law was passed giving him immunity from prosecution while in office. |
FROM BBC WORLD SERVICE More from BBC World Service | FROM BBC WORLD SERVICE More from BBC World Service |
At the time he was facing a number of court cases, including one involving the British lawyer David Mills, in which Mr Berlusconi was accused of bribing him to give false evidence. | At the time he was facing a number of court cases, including one involving the British lawyer David Mills, in which Mr Berlusconi was accused of bribing him to give false evidence. |
Mills, who said he was innocent, was sentenced in February to four years and six months in prison for corruption. | Mills, who said he was innocent, was sentenced in February to four years and six months in prison for corruption. |
Now prosecutors from that case and two others have appealed to the Constitutional Court, saying immunity puts Mr Berlusconi above the law and should be reversed. | Now prosecutors from that case and two others have appealed to the Constitutional Court, saying immunity puts Mr Berlusconi above the law and should be reversed. |
Mr Berlusconi says immunity allows him to govern without being "distracted" by the judiciary. | Mr Berlusconi says immunity allows him to govern without being "distracted" by the judiciary. |
It is not clear exactly when the court will rule, though Italian media reports said a decision could come by Thursday. | It is not clear exactly when the court will rule, though Italian media reports said a decision could come by Thursday. |
Should it rule the law unconstitutional, the trials against Mr Berlusconi would resume. | Should it rule the law unconstitutional, the trials against Mr Berlusconi would resume. |
The immunity law also covers the head of state and speakers of both chambers of parliament. | The immunity law also covers the head of state and speakers of both chambers of parliament. |