Thomas Sigmund and Biagio Riccio (at the press conference): documents against judges.
justice
Judge under the magnifying glass
A group of South Tyrolean affected throw Südtiroler judges before a conflict of interests and wrongdoing. They demand an inspection of the Ministry of Justice.
From
That Biagio Riccio knows what he is talking, you realize it immediately. The lawyer from Naples speaks quietly and chooses each word carefully.
If you listen to him this morning in the hairdresser hotels Laurin, one
would not think that Italy's banking industry fears this lawyer, like
no other.
Riccio has specialized for many years in lawsuits against banks. He has written several books on usury of the banks and is one of the lawyers of the study center SDL from Brescia, the action against the exorbitant rates of the banks and the methods how the banks to auction houses in their debtor.
"In the Italian case law there are several ways, but the banks always ask just quick auctions," the lawyer says to salto.bz. "And here the judges play almost always uncritically with".
The lawyer has succeeded throughout Italy to demonstrate in dozens cases that loans granted in the area covered usury and therefore had to be stopped or canceled court foreclosures.
The press conference Biagio Riccio is now working for a group of South Tyrol and South Tyrol, who have fallen into the debt trap. On Wednesday morning, loaded the initiative group, as their spokesman Merano publicist Thomas Sigmund occurs, to a press conference.
About 80 people, who are affected by foreclosures, came to the Hotel Laurin. Under the provocative title "Magistropoli.Bz" dished Sigmund & Co. then several concrete circumstances in which give the group and their lawyers believe that judges have not complied with the rules in the area of conflict of interest.
"In some of these cases has been filed against the judges involved criminal complaint with the public prosecutor's office in Trieste," explains Thomas Sigmund.
The fundamental issues There are delicate cases where it comes to the Code of Civil Procedure and the abstention duty of judges. And the question of how to interpret the relevant laws Article.
In Article 51 of the Civil Procedure Code is set when a judge shall contain or must agree to be biased. In paragraph 3 of Article states:
"Se egli stesso o la moglie ha causa pendente o grave inimicizia o rapporti di credito o debito con una delle parti o alcuno dei suoi difensori;"
The determination of a claim or obligation initially appears ambiguous; the interpretation seems but strengthened in the meantime. Thus the Court of Cassation in 2012 ruled that the obligation to abstain not only due debts, but also in so-called continuing obligations, such as a bank loan, must be applied. In some courts, the determination is even designed so far that already have an account at a bank is a reason for embarrassment.
At the press conference was referred to several specific cases in which judges should conduct enforcement proceedings, even though they have loans with the creditor bank. "This is so wrong," say several lawyers who were contacted by salto.bz. The cases are occupied not only documents, but there are now precedents.
One of those present at the press conference has submitted a motion for bias against a judge for this very reason. The judge has therefore been examined few weeks ago under Article 51 in the court president to be relieved of the procedure.
Similarly, a judge has applied for abstention, because one of the parties has argued that she is a shareholder of that bank, which has initiated enforcement proceedings two months ago.
For this another case of a judge was given at the press conference, one supposes a conflict of interest. The judge has not only a mortgage hedged loan at a bank, her husband is also on the Board of the same bank. Here this judge judges in cases in which the bank is party.
auctioning But busy is also a case where it comes to a another critical area. The auctions.
Article 1471 of the Civil Code prescribes "Specific prohibitions on the purchase" (Divieti speciali di comprare). There it says:
"Non possono essere compratori nemmeno All'asta pubblica, né né direttamente per INTERPOSTA persona:
... (...) ... Gli ufficiali pubblici, rispetto ai beni che sono venduti per loro ministero; "
The Code explains that all those people can not participate in an auction, which are concerned with the process. Similarly, there is a much stricter interpretation: No member of the court, to which there is an auction, can participate in the auction at these auctions and purchase the auctioned goods.
Thomas Sigmund & Co have documented a case were clearly violated in these rules.
The inspection "Where we have raised the cases," says Thomas Sigmund, "we responded immediately." At the press conference another question was now but asked: What's all the cases where no one has looked exactly?
The initiative group anticipates that these conflicts of interest are not isolated cases. Also, because can be counted on one hand, the execution judge. Now it wants to know for sure.
"We demand an inspection of the Ministry of Justice", announced yesterday Biagio Riccio on.
The game seems to open.
Riccio has specialized for many years in lawsuits against banks. He has written several books on usury of the banks and is one of the lawyers of the study center SDL from Brescia, the action against the exorbitant rates of the banks and the methods how the banks to auction houses in their debtor.
"In the Italian case law there are several ways, but the banks always ask just quick auctions," the lawyer says to salto.bz. "And here the judges play almost always uncritically with".
The lawyer has succeeded throughout Italy to demonstrate in dozens cases that loans granted in the area covered usury and therefore had to be stopped or canceled court foreclosures.
The press conference Biagio Riccio is now working for a group of South Tyrol and South Tyrol, who have fallen into the debt trap. On Wednesday morning, loaded the initiative group, as their spokesman Merano publicist Thomas Sigmund occurs, to a press conference.
About 80 people, who are affected by foreclosures, came to the Hotel Laurin. Under the provocative title "Magistropoli.Bz" dished Sigmund & Co. then several concrete circumstances in which give the group and their lawyers believe that judges have not complied with the rules in the area of conflict of interest.
"In some of these cases has been filed against the judges involved criminal complaint with the public prosecutor's office in Trieste," explains Thomas Sigmund.
The fundamental issues There are delicate cases where it comes to the Code of Civil Procedure and the abstention duty of judges. And the question of how to interpret the relevant laws Article.
In Article 51 of the Civil Procedure Code is set when a judge shall contain or must agree to be biased. In paragraph 3 of Article states:
"Se egli stesso o la moglie ha causa pendente o grave inimicizia o rapporti di credito o debito con una delle parti o alcuno dei suoi difensori;"
The determination of a claim or obligation initially appears ambiguous; the interpretation seems but strengthened in the meantime. Thus the Court of Cassation in 2012 ruled that the obligation to abstain not only due debts, but also in so-called continuing obligations, such as a bank loan, must be applied. In some courts, the determination is even designed so far that already have an account at a bank is a reason for embarrassment.
In some courts, the determination is even designed so far that already have an account at a bank is a reason for embarrassment.The cases On Landesgericht Bozen that provision is but apparently "overlooked" repeatedly.
At the press conference was referred to several specific cases in which judges should conduct enforcement proceedings, even though they have loans with the creditor bank. "This is so wrong," say several lawyers who were contacted by salto.bz. The cases are occupied not only documents, but there are now precedents.
One of those present at the press conference has submitted a motion for bias against a judge for this very reason. The judge has therefore been examined few weeks ago under Article 51 in the court president to be relieved of the procedure.
Similarly, a judge has applied for abstention, because one of the parties has argued that she is a shareholder of that bank, which has initiated enforcement proceedings two months ago.
For this another case of a judge was given at the press conference, one supposes a conflict of interest. The judge has not only a mortgage hedged loan at a bank, her husband is also on the Board of the same bank. Here this judge judges in cases in which the bank is party.
auctioning But busy is also a case where it comes to a another critical area. The auctions.
Article 1471 of the Civil Code prescribes "Specific prohibitions on the purchase" (Divieti speciali di comprare). There it says:
"Non possono essere compratori nemmeno All'asta pubblica, né né direttamente per INTERPOSTA persona:
... (...) ... Gli ufficiali pubblici, rispetto ai beni che sono venduti per loro ministero; "
The Code explains that all those people can not participate in an auction, which are concerned with the process. Similarly, there is a much stricter interpretation: No member of the court, to which there is an auction, can participate in the auction at these auctions and purchase the auctioned goods.
Thomas Sigmund & Co have documented a case were clearly violated in these rules.
The inspection "Where we have raised the cases," says Thomas Sigmund, "we responded immediately." At the press conference another question was now but asked: What's all the cases where no one has looked exactly?
The initiative group anticipates that these conflicts of interest are not isolated cases. Also, because can be counted on one hand, the execution judge. Now it wants to know for sure.
"We demand an inspection of the Ministry of Justice", announced yesterday Biagio Riccio on.
The game seems to open.
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