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The life of a judge. Episode 13: Do not throw the baby together with the water from the trough

The cure against terrorism seems like the cure for cancer. Have uprooted but carefully not to throw to sewer the baby along with the water from trough. Terrorism and Communism get along very well, although it is difficult to admit that communist organizations constituted as terrorist brigades had the same program as legal organizations of the Communist Party of Western countries, including France, or organizations such as the Communist parties of the Warsaw Pact countries. With similar names, but with totally incompatible programs, these communist organizations could create confusion in understanding the political phenomenon.

Italian secret terrorist organization, calling itself Brigatte Rosse (Red Brigades  and founded in 1970, has proposed to undermine state structures in order to trigger the universal revolution of the proletariat. Bombings, kidnappings and assassinations began in 1971 and continued in the years that followed, culminating with the kidnapping, on March 6, 1978, of the Prime Ministe , Aldo Moro, leader of the Democratic Party, in the day he was going to propose to Parliament an agreement with the Italian Communist Party to form a coalition government of the main political forces. For 54 days Aldo Moro was kidnapped and then murdered. Unusually long seizure says something about the ability of the Italian police and even corruption. It is interesting that the project of Aldo Moro of coalition government minds parties with doctrine diametrically opposed, suggesting that the kidnapping could be the work of any of the opponents.

The fact that after 20 years of apparent armistice, the Italian Red Brigades terrorism broke out again, can be explained by the fact that it was not eradicated in a professional manner. In February 2007, the extensive searches and raids have thwarted plans to abductions and attacks, among their targets being the companies linked with Silvio Berlusconi. Renaissance of iItalian terrorism occurred in the north part of the state, in the provinces of Piedmont, Lombardy, etc. Irony of fate is that the revival of terrorism have the same location as the dialogue, multiculturalism, tolerance and anti-violence: University of Padova. In the ’70’s, the group Red Brigades sought the riot, labor and student strikes, bombings, clashes with the Italian Army, etc.. In order to intimidate state authorities terrorists have resorted to explosions, kidnappings (judge Mario Sossi, Attorney General of Genoa, Francesco Coco, etc.) and for financing their activities the Red Brigades organized robberies and burglaries  of ATM (Bank of Albignasego Antonventa).

Among catch terrorists is included the truck with clothing made ​​in Lohn at a factory in Cluj- Napoca, for a French beneficiary from Marseille. The truck was loaded after a thorough inventory and then sealed, the reception of the entire amount being made ​​by the delegate recipient. Was done in this way not only effective handing but also the transfer of goods from manufacturer to customer. The only driver climbed behind the wheel and took the road to France via northern Italy, where he stopped to rest and not violate international regulations on mandatory rest . Although he parked the truck  in a well-lit gas station, when he woke up he realized that they are on a field, far from the nearest locality and well tied to the hands and feet. The curiosity of children was one reason that led to his discovery because otherwise would have died, even though terrorists have endured and let him live, contrary to habit. It was later found the truck empty.

At the commercial Court of Marseille, the beneficiary’s request  to state that he has not debts was admitted and the counterclaim of the Romanian manufacturer for payment of Lohn manual labor was rejected.

The essence of this verdict can be summed up by the phrase key of the judgment of the Commercial Court of Marseille: ” Vue l`insecurité notoire qui reine sur le teritoire italien, le chauffer roumani, n`aurait du s`arreter sur le nul part en Italie’’ (Being notorious insecurity that reigns in italian territory, Romanian driver should have never stopped anywhere in Italy). Statement on the Italian territory insecurity notoriety through its generalization, it is not a proof of courtesy between two countries of the NATO Treaty, but is closer to reality.

French court’s decision is not only unjust but also immature. Stopping the truck in Italy was easily accomplished by terrorists dam or ditch.

More unjust and unsustainable was attributing the entire amount, which was the driver salary for a period of approx. 100 years, when he was sent alone to drive instead having another colleague to change.

It was easy for me to motivate the cancellation of decision for imputation and exclusion of driver liability.

:: The source: JURIDICE.ro

Ion TURCU
retired magistrate

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