The food supply officer from the Market of Sanremo accused of absenteeism and scam to the State has been acquitted together with 10 others investigated by GUP (judge for the preliminary hearing) Paolo Luppi because of lack of evidence. The media gave the news with a dirty justicialist emphasis, but in fact I am proud of my country when there are celebrated such great moments of the Justice.
In these cases, the ordinary people tend to get at the Judge who stopped the abomination, but, provided that the suspect is guilty, they should first of all blame the Judicial Police and the prosecutor, who were obviously not capable of presenting the significant proves of their accusations.
When a company (a client of my Italian Private Detective Agency) asks me for help in case of an absenteeism case, I need to do a scrupulous and delicate job, otherwise I am aware of leaving my client in the lurch. Watching an absentee and finding the proves of his willful misconduct is nothing easy, because the employee is fairly protected (I do not enter in the eventual excessive protection) and you have to avoid all the legal pitfalls which would invalidate the investigative work.
Clearly, the prosecutor has badly managed both the investigations and the formulation of the accusation on the basis of the collected proves. These shortcomings for the Italian Investigation Agency or the defendant’s lawyer mean losing money and the client, while for the Public Prosecutor’s Office involve waste of public funds and time subtracted from other cases, maybe more serious or urgent.
As an owner of the Italian Private Detective Agency (involved for 30 years in the war against absenteeism and the abuses of the Law no. 104) I consider the number of inquiries for cheating in the Municipality of Sanremo, the Operation Stachanov, rather a rough work of the judicial butcher shop: out of 42 suspects, 10 has been acquitted, 16 decided to defend themselves using the ordinary procedure (which means that they are convinced of their innocence and might be discharged) and finally just another 16 of them (approximately 38% of the total number) made a deal (because of their guilt and because of being afraid of the risk of process).
The policeman Alberto Muraglia defended himself in the summary judgment, which means, apart from the favorable sentence and other benefits for the suspect, that he carefully analyzed the proves collected in his files before going to trial, which have done in an exemplary way the Attorneys Adriana Silingardi and Alberto Zoboli.
Ultimately, between the privacy and the expectation of privacy, it may be difficult for the Italian Investigation Agency to demonstrate the bad faith of the absentee which, instead of travelling to the other (abusive) workplace, does another working activity at his own house. Nevertheless, the Financial Police assigned to the case of badge cheating would have a wide room for maneuver, just as the Judicial Police, in order not to fund a wild-goose chase.
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