Ricci, prosecutors, and politics. "The pursuit of consensus cannot be criminalized." Fiandaca and Caiazza speak out.

" Considering the process of obtaining consensus in the context of corruption represents an undue form of criminalization by the judiciary ," says Professor Giovanni Fiandaca. He is discussing the investigation involving Democratic Party candidate Matteo Ricci, just as the election campaign in the Marche region is in full swing. " Unfortunately, this is not the first time this absurdity has been theorized ," adds Gian Domenico Caiazza, former president of the Union of Criminal Chambers. "It's a sign of the prosecutors' overreach in controlling politics."

On Tuesday, Ricci himself announced it, he received a notice of investigation as part of the investigation dubbed "Affidopoli." He is accused of conspiracy to commit corruption for the contracts awarded to several local associations that created murals. These contracts, according to prosecutor's documents, allowed the then-mayor of Pesaro "directly to obtain a non-pecuniary benefit." However, investigators believe that the completion of these works would have conferred "an image of efficiency and effectiveness on the mayor's administrative and political actions" and therefore "a significant benefit in terms of popularity and support," according to an approach that risks putting some of the most classic prerogatives of those in politics on trial.

"Increasing electoral support is a legitimate expectation, because it is typical of politicians," Giovanni Fiandaca, Professor Emeritus of Criminal Law at the University of Palermo, explains to Il Foglio. "Considering the acquisition of support from the perspective of corruption represents an undue encroachment on the part of magistrates," who, according to the jurist, have resorted to "a very broad, expansive interpretation that considers electoral support a criminally relevant benefit. But this is a minority approach and has been heavily criticized by virtually all criminal law scholars, who neither share it nor consider it admissible. It has never even become a dominant interpretative criterion in jurisprudence."

Gian Domenico Caiazza, a criminal lawyer and former president of the Union of Criminal Chambers until 2023, agrees. "We are faced with an inconceivable interpretation of the concept of profit. It's a sign," he reiterates, "of the judiciary's overreach in its scrutiny of political activity." In other words, Caiazza says, the prosecutors "aren't identifying any financial interest in political activity, but they still believe the administrator committed illegal acts because he gained electoral support." The former president of the Union of Criminal Chambers isn't overly surprised: "Unfortunately, this isn't the first time such absurdities have been theorized." He also draws parallels with the other investigation at the center of recent media and political debate, the one involving Mayor Beppe Sala. "There's no doubt about it. A reading of the Milan ordinance consistently elicits moral judgments, and I would even say, ultimately political ones. Profit-making is considered a crime, even when it involves private businesses and professionals practicing their profession. The judiciary," Caiazza adds, "is equipping itself with interpretative tools for political oversight, which it does not have." In Milan as in the Marche region.

In this last case, however, the timing also raised further questions. Ricci's formal investigation notice arrived just hours after the official election date (September 28-29). For this reason, Fiandaca suggests: "This close timing should be avoided, so as to avoid the suspicion that this is an intervention aimed at influencing election campaign decisions." The "Affidopoli" scandal, on the other hand, had been discussed for some time. "But as soon as an election draws near, the competition inevitably becomes a legal dispute," Caiazza emphasizes. "It almost seems like we have to resign ourselves to these dynamics. Now," the lawyer concludes, "there's no way to run an election campaign without one or another prosecutor's office playing a leading role."

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