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Can a judge, who armed with a knife cut the tires of a colleague’s car, make a career as if nothing had happened? Especially if, even after a criminal and even disciplinary conviction, he insists on aggressive actions and, during a dispute on the road with a lady, knocks on the car door and hits the knee of the woman who drives, but then “repairs” the damage with 3,000 euros for extinguishing the crime?
It seems to the CSM that this is really possible. Because an imbalance in life does not compromise work balance. Assuming that, sure, it should make us think. So much so that Giulio Cesare Cipolletta, judge of the court of Pisa, managed to pass the fifth evaluation of professionalism going to the sixth. The seventh is the last. But if this had been denied to the CSM a second time, he would have even lost his robe. It would have ended up outside the judiciary. Instead, it remains inside, despite its history. Which divided the Council in two. Furthermore, at the same time, as noted by the vice president David ermini – in which the Keeper of the seals Marta Cartabia placeholder image, in the Senate, boasted of the merits of restorative justice. The one who avoids pain thanks to a remedial path.
Cartabia in the Senate: “Covid forces us to rethink justice, but let us put aside the differences”
by Liana Milella
The battle in the CSM for the promotion of Cipolletta
But is this really the case with the “repeat offender” Cipolletta? About which a battle breaks out in the CSM. Because 13 councilors vote to promote it, but six interventions are multiplied to stop it. Here are the two “davighiani” Giuseppe Marra me Ilaria Pepe, then Giuseppe Cascini me Elisabetta chinaglia de Area, the layman of Forza Italia Alessio lanzi and the league Emanuele Basile. Two more laymen Stefano cavanna League e Fulvio Figliotti of M5S, they abstain. Ermini does not vote as usual. But everyone else: independent judiciary, Unicost, a part of the left of the Area, Nino Di Matteo me Sebastiano Ardita – they say yes. Let’s not stop Cipolletta’s career because, as the Pisa Judicial Council affirms, he is still a good judge.
Instead, Marra and Cascini fight. The first does not hide “that he was astonished by this decision that he should not have taken and to do so he just had to read the file.” And Cascini insists that the disciplinary section – which Cipolletta has gone through twice – has already confirmed the facts with a final judgment.
Judgment after tire cutting
And then, precisely about the facts, the agenda of the session in which the details of why the race of this toga was blocked from April 2006 to the same month of 2010. Because, as the official sheet of the CSM says , in the “The negative judgment was expressed based on events that occurred between December 2007 and February 2008, for which Dr. Cipolletta was convicted in both criminal and disciplinary proceedings, for the damage, on four different occasions, to the car of a colleague, stationed inside the Court, as well as by the port, without just cause, of knife “.
A behavior that does not seem entirely commendable for a toga. So much so that the disciplinary ax falls on him and blocks his career. On September 18, 2009, Cipolletta was disciplinarily sentenced to censorship. All in all, a measure of well-being with respect to the behavior of a magistrate who, in court, circulates with a knife in his pocket. And he also uses it, four times of course, against the car of a colleague with whom he would have fought.
Now it is necessary to evaluate how ours behaved between 2010 and 2012. The judicial council rewards his industriousness because “Dr. Cipolletta is among the most productive colleagues in the section and in reference to diligence he affirms that he has always respected the deadlines for presentation. of measures “.
The car altercation
Bravo Cipolletta would say. But here’s another one of his jokes. Cipolletta runs into another sanctioning issue because on March 3, 2012 “he caused personal injuries to the leg of a woman in La Spezia who was judged curable in seven days, kicking the door of her car, as part of an altercation for reasons related to the Road Traffic”. “And that’s not enough, because he turned to her saying” you are cursed “and threatened her with these words” now I will show you, you will pay for this. ”
A new criminal case is started in which the La Spezia justice of the peace decides “not to proceed after repairing the damage” because Cipolletta pays his “victim” 3,000 euros. The disciplinary section, on the other hand, does not forgive him even this time and in 2017 a new complaint “became irrevocable after the ruling of the United Sections of the Cassation of 2018.”
The disciplinary sentence also records the details of his last performance. The fault stems from an altercation arising from motives related to road traffic between Cipolletta, who was driving a moped, and a woman, who was driving an Opel Agila car. After it had been activated, having perceived the risk of collision between the two vehicles.When hearing the acoustic signal from her car, Cipolletta had followed her to the square where she had parked the car and approached her when she was about to drive. leave. When she had already opened the door and put her left leg on the ground, Cipolletta had suddenly pushed her towards the door, kicked her and hurt her deeply. Then he addressed her with the expression “You’re a bastard” and they threatened her with a “Now I’ll show you. Pay.” The lady at the hospital reportedly suffered seven stitches.
Incredibly, despite these facts, the Judicial Council gives a positive judgment on the judge “also with regard to the prerequisite of balance” and then adds that “the facts that are being evaluated today have no relevance for the exercise of functions, not even in a broad sense, since ultimately it is an altercation linked to road traffic “.
The reasons for the promotion
So what do we do with Cipolletta? Can we promote it, wrote the rapporteur on the case, Councilor Maria Paola Braggion of the Independent Judicial Power, because “there is no automaticity, in one sense or another, between the disciplinary sentence and the result of the professional evaluation procedure?” Therefore, “although it is an undoubtedly serious fact, it does not seem to be a symptom of a global lack of balance of Dr. Cipolletta”. In addition, the disciplinary sentence also reveals that “Cipolletta would not have pursued the lady, and that he approached her due to the ongoing dispute, since she herself was upset believing that she was running the risk of suffering an accident because of the driver of the moped; he didn’t even hit her. ” directly, but indirectly by kicking the car door of the lady who was about to get out of it. Dr. Cipolletta also offered a large compensation in the criminal process of 3,000 euros, which, if assessed by the sanctioning judge as an acknowledgment of responsibility, continues to constitute a reparative gesture, as far as possible, of the consequences of their conduct. which, effectively, allowed him to obtain the sentence of not having to proceed from the justice of the peace for the extinction of the crime. “.
And finally, here is the triple somersault in motivations: “The untimely reaction and probably linked to a momentary state of anger for some occasional and deplorable complaint on the road, but which does not indicate a habitual aggressive attitude or an imbalance capable of reverberating all his judicial activity “. Well then, Cipoletta, you can get promoted. Incredible but true.
