Italy’s cabinet on Thursday approved judicial reforms aimed at strengthening the rights of the accused, measures long supported by the former prime minister Silvio Berlusconi, who died this weekafter years of legal battles with prosecutors, Reuters reports.

The bill, which the right-wing government of Georgia Maloney dedicated to Berlusconi, limits the use of wiretapping, complicates procedures for issuing arrest warrants and abolishes criminal liability for abuse of office, among a number of moves to clip the wings of prosecutors.

The decision is the latest in a series of attempts by recent governments to overhaul Italy’s inefficient justice system. The bill will now be sent to the parliament for discussion and approval.

Some judges and prosecutors say it will make it harder to investigate crimes and convict criminals. The government insists it will reduce abuse by prosecutors and speed up the processing of cases.

The Minister of Justice considers abuse of office to be an “inevitable” crime

A key point is the abolition of the crime of abuse of office, which Justice Minister Carlo Nordio called a “passing” crime that prevents elected officials from making decisions and blocks judicial processes.

The draft reform, seen by Reuters, shows that in 2021, 4,745 people were investigated for abuse of office, while there were only 18 convictions.

Protecting people from arrest is another central element of legislative reform.

Reform, “a posthumous gift to Berlusconi”

Judges will no longer be able to issue warrants for the arrest of suspects without first questioning them, unless it is proven that an element of surprise is necessary for the investigation to be successful.

In addition, arrest warrants will now have to be signed by a panel of three judges instead of one, as is the case now.

The reform also tightens rules on wiretapping, a hotly debated issue in Italy, by limiting the use in trials of intercepted conversations involving people not directly under investigation.

Prosecutors’ right to appeal acquittals – extremely common in Italy – is also limited for a number of less serious crimes.

Giuseppe Santalucia, president of the Association of Italian Magistrates, said decriminalizing malfeasance would create “an unjustified gap in criminal law protection”.

If three judges decide on arrest warrants, there will be organizational problems due to staff shortages, he added, while a ban on prosecutors challenging acquittals is likely unconstitutional.

Such objections were dismissed on Thursday by Deputy Justice Minister Francesco Paolo Sisto, who told the Corriere della Sera newspaper that the reform would “unlock the country” and should be seen as a posthumous gift to Berlusconi.

“It is right to dedicate this reform to him because it corresponds to his values,” he said.

Berlusconi’s court battle

Much of Berlusconi’s political career has been overshadowed by a series of court battles. Originally from Milan, he often complained that he was a victim of the judicial authorities of this metropolis.

In 2009, he estimated that over 20 years he had 2,500 court appearances in 106 lawsuits, legal costs amounted to 200 million euros, the BBC writes.

He denied embezzlement, tax fraud and false accounting, as well as attempted bribery of a judge, the charges against him. He was repeatedly acquitted, his convictions were canceled or they expired after the statute of limitations expired.

Most of all, his reputation was tarnished by allegations of racy parties known as “bunga-bunga” at his private villa, which involved club-dancing girls. It all ended with a conviction for paying for sex with an underage prostitute.

In October 2010, it became known that Berlusconi called the police station demanding the release of a 17-year-old girl, Karima “Rubi” El Mahroug. She was arrested for theft and is also said to have attended his “bunga bunga” parties. In June 2013, he was found guilty of paying her for sex and abusing his power. The case was eventually closed in 2014. He was then tried on charges of bribing a witness, which he denies, and was eventually acquitted in February 2023.

Berlusconi has always maintained that he is not a “saint” but has strongly denied claims that he ever paid a woman for sex. “I’ve never understood where the satisfaction is when you lack the satisfaction of conquest,” he said.

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