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The highest Court of Italy has quashed the judgement of a lower court sentencing Govianni Berneschi to imprisonment for a term of eight years and seven months and had order a retrial of him. Govianni, aged about eighty two years was the Chairman of Banca Cariage, an Italian Bank in Genoa. It has almost five hundred branches throughout Italy. He was sentenced for being involved in money laundering and criminal association. He was convicted by the court in Genoa, which gave the judgement against him, after which he appealed in the Appellate Court, which upheld the decision of the trial court.
He was arrested in 2014 along with the other defendants who were party to the crime with him and were sentenced to same term by a court in the place where the headquarters of the Bank is located. However, the Govianni coupled with the others who were charged with the crime had denied any such allegations against them in the Court. Now, when the Court had ordered a retrial, it is reported by the lawyers fighting for the defendants that he is to be tried by a Court in Milan. Under the law prevailing in Italy, it is necessary that the trial should take place where the offence has been committed, provided that the offence is of a serious nature. The seriousness of the offence is decided by the Court.
In the present case, the act of criminal association was held to be a serious offence by both then trial and the Appellate Courts. However, the highest Court of Italy had upheld that it is not the criminal association, but the money laundering part, which is of serious nature. Moreover, it is also agreed upon both by the Court and the parties that the offence of money laundering mostly took place in Milan, thus the retrial should take place in a Court in Milan.
Photo credits: Trendonline.com
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