Justice from Mani Pulite to Today
During the
Mani Pulite era, an entire ruling class was
swept away by judicial investigations—not even
by convictions, which often never came: hardly
anyone believed that the accused might actually
be innocent.
What seems evident is that, at the time of Mani
Pulite, people had great faith in judicial truth,
whereas today that trust has largely been broken.
The reasons include the continuous
contradictions in verdicts, the political
alignments of judges—brought to light by the
Palamara case—the countless investigations that
led nowhere, and the illogical, bizarre, and
convoluted nature of many legal proceedings.
In fact, even those who appear to unconditionally support the actions of judges often don’t truly believe in them. They think that the accused (especially Berlusconi and his associates) are guilty of everything; if convicted, the judges are right; if acquitted, it’s due to loopholes or cunning legal tricks—in other words, the verdict doesn’t really matter.
Let me also make one thing clear: we cannot assume that people TODAY are either all corrupt or completely gullible and just swallow everything they’re told. We live in a democracy—people are exposed to all kinds of contradictory information and decide for themselves what to believe.
The real issue
is that, for the past 30 years, it’s been
impossible to have a serious discussion about
the judiciary.
What has happened is that Berlusconi’s
unconditional supporters saw the judiciary as
the enemy, while those who were unconditionally
against him saw it as a force for good.
People don’t even realize that it’s always the
judiciary that investigates and also acquits.
More importantly, they fail to realize that the
issue doesn't concern only Berlusconi but many
others as well—just to name a few: Bassolino,
Renzi, and those arrested in Gratteri’s
investigations.
In the past,
there were striking cases like Enzo Tortora or
Piccioni, whose career was halted due to the
Vilma Montesi trial, which was based on nothing—but
those were exceptions. Now, by contrast, it’s a
raging river: a relentless cycle of accusations,
convictions, and acquittals.
Let’s not forget that someone like Bassolino was
investigated 19 times and acquitted 19 times.
In all these cases, I believe the procedures
were correctly followed, but justice still
failed spectacularly.
For years, some prosecutors investigated Salvini for kidnapping, while others went after sea rescue organizations. No one seriously believed that either Salvini or the rescuers would ever actually go to prison.
Some
magistrates say: "We know everything because we
read the files; you know nothing, and we can’t
even talk to you about it—so you just have to
accept what we say."
But it doesn’t work like that. Every discourse—legal,
educational, religious—is always validated by a
meta-discourse, as they say. A teacher might
claim to be the one judging, but then the
students judge the teacher. It’s like evaluating
magic using magical reasoning: instead, one must
show that magic is not effective like science
is.
So, when
citizens see contradictory rulings, and see
people dragged through the mud for years or
imprisoned only to be acquitted, they lose trust
in the judiciary. Increasingly, many see judges
as politicized, egocentric, or ideologically
biased.
Judges are meant to interpret the law: the
criticism is that this interpretation is not
balanced or prudent, but driven by ideological,
political, or personal motives.
This view is
also based on the fact that, in Italy, it
happens far too often that different judges
interpret the same facts and the same laws in
completely different ways.
When discussing justice in Italy, the issue is
not whether magistrates follow procedures or
laws—they’re well-trained, experienced
professionals, not first-year law students.
The real concern is whether they are using legal
procedures for ideological reasons, to gain
notoriety, or as a stepping stone into politics.
For example: if only 1 out of 100 abuse-of-office cases ends in conviction, one starts to suspect instrumental use of the legal process. It would be naive to think the other 99 judges simply made mistakes. It becomes clear that both sides are using different ideological options to either acquit or convict.
We must not confuse the world on paper with the real world, as the saying goes—they rarely align, if ever.
In this
specific context, judicial truth is not only
not
"the whole and final truth," but it’s not even
equivalent to socio-political truth.
Someone is not truly guilty or innocent just
because they are definitively convicted—or
acquitted. This is obvious.
Even at the
socio-political level, the reality diverges from
the judicial version. Even Stalin’s show trials
were technically legal, and often even featured
confessions—yet no one believes those verdicts
today.
The reasoning behind verdicts, therefore, does
not have absolute value.
As the ancient
Sophists—the first lawyers—already demonstrated,
one can always argue everything and its opposite,
even that nothing exists.
Today’s lawyers find every possible loophole to
support their case: that’s their job.
But it’s precisely the judges' role to
distinguish between loopholes and valid
arguments.
When there are strange and contradictory verdicts, it means judges, too, have started playing the loophole game—and how they do it matters little.
The Court of Cassation, in particular, may rule that a certain procedure did not comply with the law—but can experienced judges really make gross errors? Certainly not—except in rare cases. The truth is, as the Sophists used to say, you can always argue anything and its opposite. So the Cassation Court formally rules on form, but actually judges the substance—justifying its decision with a procedural point.
One simple example: the Cassation Court ruled that the women known as the olgettine in the famous Berlusconi case should have been questioned as suspects rather than as witnesses, and thus annulled the trial. But can anyone seriously believe that experienced judges made such a mistake? The truth seems clear to me: both sides used a different valid option to either convict or acquit Berlusconi according to their own beliefs.
A similar argument applies to the Constitutional Court, which is supposed to assess the balance of constitutional principles. In practice, it assesses what it believes that balance should be—according to its own opinion or ideology.
Laws are important, but what really matters are the judges who apply them—just as, in education, the best curriculum is useless if the teacher is incompetent or indifferent. Conversely, even without a perfect curriculum, a good teacher can provide a solid education.
Similarly, in the administration of justice, what matters most is the impartiality of judges.