The mafia-state negotiation

Abstract. The paper tells the judicial history of the so-called negotiation between state and mafia which, according to public accusation, occurred after the massacres of the two-year period 1992-1993 and was their consequence. Almost 30 years have passed since then, there have been trials and sentences but the final word is still awaited and, above all, there is still no definitive truth.

SOMMARIO: 0. Introduction. – 1. The genesis.¬– 1.1. The “Sistemi criminali” proceeding. – 1.2. The proceeding no. 18101/2000 RGNR DDA.– 2. The proceedings in which issues related to the negotiation were dealt with. – 2.1. The hypothesized omission of Salvatore Riina’s “lair” search (the trial of Mario Mori and Sergio De Caprio). – 2.2. The attacks of 1993 in Rome, Florence and Milan (the trial of Leoluca Bagarella and others). – 2.2.1. The first instance judgment. – 2.2.2. The subsequent grades of judgment. – 2.3. The hypothesized “institutional” protection of Bernardo Provenzano’s hiding (the trial of Mario Mori and Mauro Obinu). – 2.3.1. The dismissal of Subranni and Riccio. – 2.3.2. The first instance judgment and the sentence. – 2.3.3. The subsequent grades of judgment. – 3. The proceeding concerning the negotiation. – 3.1. The indictments. – 3.2. The legal brief by the Palermo prosecutor’s office in support of the request to remand for trial. – 3.3. The decree ordering the judgment. – 3.4. The outcome of the abbreviated proceeding against Calogero Mannino. – 3.4.1. The judgment of the Palermo investigating judge. – 3.4.2. The judgment of the Palermo Court of Appeal. – 3.4.3. The ordinary judgment (the sentence of the Assize Court of Palermo). – 4. The conclusions.

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