<span class="tgt_para"><span id="tgt_1">sentence of condemnation of the senator Dell' Utri <span class="UNKNOWN_WORD">at</span> cosmogony <span class="UNKNOWN

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sentence of condemnation of the senator Dell' Utri

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The integral motivation of the sentence of condemnation of the senator Dell' Utri

(the text complete of the sentence, in format compressed PDF, is scaricabile at the link in fund to this page)

ITALIAN REPUBLIC
IN THE NAME OF THE ITALIAN PEOPLE
THE COURT OF PALERMO
II CRIMINAL SECTION

It dental drill unit in chamber of advice and composed you give sigg.ri:
1) Doctor Leonardo Guarnotta, president
2) Doctor Gabriella Di Mark, Judge east.
3) Doctor Giuseppe Sgadari, Judge east.

to the public audience in December 11 2004 it has pronounced and published by means of reading of the device the next one

SENTENCE

towards:

1) OF the UTRI MARCELLO been born to Palermo on September 11 1941 resident in Milan, Segrate MI/2, Road brothers Cervi, Residence
xxx

ABSENT - FREE

2) CINÀ GAETANO, been born to Palermo on September 26 1930, there
resident in Road Gaetano xxx

CONTUMACIOUS - FREE

DEFENDANTS
OF THE UTRI MARCELLO

A) of the crime of whom to the pp. 110 and 416 paragraphs 1, 4 and 5 c.p., to have met in the activities of the association of type of the Mafia named “Our Thing” is, as well as in the pursuit of the reasons of the same one, putting to disposition of the same association the influence and the power ensuing from his exponent's position of the financial and entrepreneurial world, nonchèdalle it reports intessute during his activity, participating in this way in the maintenance, in the reinforcement and in the expansion of the association itself.
And so for example:
1. participating personally in meetings with exponents also of vertex of Our Thing, during which functional conducts were discussed to the interests of the organisation;
2. when there was entertaining, besides, continuative relations with the association for delinquere through numerous exponents of relief of called criminal society, between which Bontate Stefano, Teresi Girolamo, Pullarà Ignazio, Pullarà Giovanbattista, Mangle Vittorio, Cinà Gaetano, Of Naples Giuseppe, Of Naples Peter, Hooks Raffaele, Riina Salvatore;
3. providing to shelter going into hiding belonging to the called organisation;
4. putting at disposal of the above-mentioned exponents of Our Thing the knowledge acquired close to the Italian and Sicilian economic system.
So reinforcing the criminal potentiality of the organisation in all that, among other things, it was determining in the heads of Our Thing and in others his supporters the consciousness of the responsibility for him OF the UTRI to be put in being (in several shapes and manners, also mediate) conducts turned to influence – to advantage of the association for delinquere – operating individuals in the institutional, entrepreneurial and financial world.
With the aggravating circumstance of whom to the article 416 fourth paragraph c.p., looking after itself of armed association.
With the aggravating circumstance of whom to the article 416 fifth paragraph c.p., being the superior number of the associates to 10.
Crime committed in Palermo (place of constitution and operative centre of the association for delinquere named Our Thing), Milan and other resorts, unspecified epoch up to 28.9.1982

B) of the crime of whom to the pp. 110 and 416 twice paragraphs 1, 4 and 6 c.p., to have met in the activities of the association of type of the Mafia named “Our Thing” is, nonchènel pursuit of the reasons of the same one, putting to disposition of the same association the influence and the power ensuing from his exponent's position of the financial and entrepreneurial world, nonchèdalle it reports intessute during his activity, participating in this way in the maintenance, in the reinforcement and in the expansion of the association itself.
And so for example:
1. participating personally in meetings with exponents also of vertex of Our Thing, during which functional conducts were discussed to the interests of the organisation;
2. when there was entertaining, besides, continuative relations with the association for delinquere through numerous exponents of relief of called criminal society, between which, Pullarà Ignazio, Pullarà Giovanbattista, Di Naples Giuseppe, Of Naples Peter, Hooks Raffaele, Riina Salvatore, Graviano Giuseppe;
3. providing to shelter going into hiding belonging to the called organisation;
4. putting at disposal of the above-mentioned exponents of Our Thing the knowledge acquired close to the Italian and Sicilian economic system.
So reinforcing the criminal potentiality of the organisation in all that, among other things, it was determining in the heads of Our Thing and in others his supporters the consciousness of the responsibility for him OF the UTRI to be put in being (in several shapes and manners, also mediate) conducts turned to influence – to advantage of the association for delinquere – operating individuals in the institutional, entrepreneurial and financial world.
With aggravating circumstances of whom to the paragraphs 4 and 6 of the art. 416 twice c.p., looking after itself of association armed and aimed to assume the control of financed economic activities, in all or in part, with the price, the product or the profit of crimes.
Crime committed in Palermo (place of constitution and operative centre of the association for delinquere named Our Thing), Milan and other resorts, 28.9.1982 to our days.

CINÀ GAETANO:

of the crime of whom to the art. 416 c.p. to have – in competition with
numerous other persons and, particularly, Bontate Stefano, Teresi
Girolamo, Citarda Benedetto, Mangle Vittorio – been part
of the association of the Mafia named “Our Thing” is or for
to turn out to be, in any case, firmly inserted into the called association,
in superior number to 10 persons, and to have availed itself of the strength
of intimidation ensuing from the associative tie and from the condition
of subjection and of omerta that derives from it to commit crimes against the life, the individual safety, against the personal freedom, against the property, to realise profits or unjust advantages

With the aggravating circumstance of whom to the art. 416 fifth paragraph c.p., looking after itself
of armed association.
With the aggravating circumstance of whom to the art. 416 fifth paragraph c.p., being
the superior number of the associates to 10.
In Palermo, Milan and elsewhere, up to the coming into effect of
L.13 / 09/1982 n646.

D) association for delinquere of type of the Mafia (pp. 112 ordinal number 1 and 416 twice c.p).
to have, in competition with numerous other persons – between whom Mangle Vittorio, Of Naples Giuseppe, Of Naples Peter, Cancemi Salvatore, Hooks Raffaele, Riina Salvatore, Pullarà Ignazio, Pullarà Giovan Baptist, Madonia Francesco – been part of the association of the Mafia named “Our Thing” is going or to turn out to be, in any case, firmly inserted into the called association, in superior number to 5 persons and to have availed itself of the strength of intimidation ensuing from the associative tie and from the condition of subjection and of omerta that derives from it to commit crimes against the life, the individual safety, against the personal freedom, against the property and, in any case, to realise profits or unjust advantages nonchèper to intervene on the institutions and on the public administration.

With the aggravating circumstance of whom to the art. 416 twice fourth paragraph c.p., looking after itself of armed association.

With the aggravating circumstance of whom to the art. 416 twice sixth paragraph c.p., looking after itself of economic activities financed in part with the price, the product and the profit of crimes.

In Palermo, Milan and other resorts on Italian territory, from the coming into effect of the L. 9/13/1982 ordinal number. 646 to our days. 646 ad oggi.

… omission …

P.Q.M.

110, 416, 416 endorses the pp. twice C.P., 533, 535 C.P.P.;

HE DECLARES

OF the UTRI MARCELLO and CINÀ GAETANO culprits of their crimes respectively contested and, kept the continuation between the same ones,

CONDEMNATION

OF the UTRI MARCELLO to the punishment of years nine of seclusion and CINÀ GAETANO to the punishment of years seven of seclusion and both, in solid, on the payment of the law expenses, nonchèil CHINA’ also to those of the own maintenance in prison during the precautionary custody.
28, 29,32 and 417 endorses the pp. c.p.,

HE DECLARES

Both defendants forbidden in perpetual the public offices, nonch in state of legal interdiction during the execution of the punishment.

IT APPLIES

To each one of the defendants the measure of certainty of the freedom supervised for the duration of years two, to be carried out to expiated punishment.

539 and 541 endorses the pp. c.p.p.,

CONDEMNATION

Both defendants in solid to the compensation of the damages in favour of the constituted civil parts, Regional Province of Palermo and Municipality of Palermo, to be liquidated in separate judgement, throwing again the requests of payment of immediately executive provisional ones.
He sentences, at last, the defendants in solid on the payment of the expenses supported from the same civil parts that it liquidates in total Euro ventimila for the Municipality of Palermo and Euro cinquantamila for the Regional Province of Palermo, comprehensive sums of fees and expenses.
I endorse the art. 544, paragraph 3, C.P.P.,
it indicates in days ninety the term for the deposit of the sentence.
Palermo, on December 11 2004.