A criminal defense lawyer in Rome, says he often reassures his clients: "Don't worry, you'll never go to prison"

From: Italy Makes It Hard For Jailbirds to Stay in Jail

 

Less than two years ago, Italy's prison system faced a crisis: Built to hold 43,000 inmates, it was straining to contain more than 60,000.

So the government crafted an emergency plan. It swung open the prison doors and let more than a third of the inmates go free.

Within months, bank robberies jumped by 20%. Kidnappings and fraud also rose, as did computer crime, arson and purse-snatchings. The prison population, however, fell so much that for awhile Italy had more prison guards than prisoners to guard.

In Italy, it sometimes seems that no bad deed goes unpardoned.

The nation's legal system has roots in the unforgiving codes of the Roman Empire, well known for crucifixions and feeding people to the lions. But since then it has evolved to become infused with Roman Catholic notions of forgiveness, along with a healthy dose of bureaucracy.

The death penalty is considered abhorrent, and life sentences are rare. Defendants have the right to two appeals, and even traffic tickets can be appealed to the nation's highest court. Italy's courts are so clogged that the statute of limitations on most felonies expires before a final verdict can be reached.

[ ... ]

With the justice system at a standstill, prosecution carries little stigma. Consider Italy's two-time prime minister, Silvio Berlusconi. He has been named as the target in more than a dozen criminal probes, and has been sent to trial at least a half-dozen times on charges ranging from tax evasion to bribing judges.

Legal headaches like these might have stymied a political career elsewhere. But Mr. Berlusconi is leading in the polls and stands a good chance of being re-elected as Italy's prime minister this month.

Mr. Berlusconi, who is also one of Italy's richest men, was convicted in two of the cases brought against him, but the charges were all eventually overturned on appeal or tossed out because the statute of limitations had expired. Other cases are still pending in the courts.

Mr. Berlusconi maintains his innocence and has long said he is a victim of politically motivated prosecutors.

The system has been a boon for other politicians here as well. More than 20 of the 945 elected members of Parliament have been convicted of crimes including associating with organized crime and committing acts of terrorism.

Former Sicily governor Salvatore Cuffaro, for example, was recently convicted of aiding and abetting a known Mafioso. Mr. Cuffaro, whose case is on appeal, is expected to be elected to the Senate this month.