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Cartabia Reform and the Prisma Investigation: Lawyer Cataldo Intrieri discusses jurisdiction and the move from Turin to Milan

Lawyer Cataldo Intrieri, according to the indictment of the Attorney General of the Court of Cassation, the Prisma investigation into Juventus’ accounts will have to be moved from Turin to Milan: first of all, how binding is this opinion?

“It must be said that this procedure was introduced by the Cartabia Reform, in force only since the end of last year, so we are dealing with one of the first cases of ‘conflict of jurisdiction’, if we want to call it that. Although the most relevant, of of course. In any case, the process requires the Attorney General to express himself and then, however, it is the Court of Cassation in the hearing that takes the final decision. Having said that, the opinion expressed has considerable weight. Especially in this specific circumstance”.

How come?

“Because it is a document signed not only by the Attorney General, but also by the Advocate General of the Cassation and by a Substitute General, therefore by the top figures of the Attorney General of the Cassation, a body that represents the public prosecution. The opinion also is very articulated: we are talking about 17 dense pages, in which what was actually already known is reaffirmed, namely that the precedents on the subject are absolutely constant and solid in establishing that, for the crime of false communications to the market, the jurisdiction is of the place where the news was disclosed, i.e., in this case, Milan, where the stock exchange is located. , but this is not the case. Previous judgments of the United Sections also clearly support the opposite”.

Milan must be and Milan will be, then?

“The Court of Cassation, of course, in the hearing can also decide to change address. But it is a scenario that has happened very rarely in the past and for which, above all, there are no reasons in this specific case”.

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Juventus, season between Monopoli and jokes aside: 11 months of obstacles© REPRODUCTION RESERVED
2023-07-14 08:46:48
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