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Constitutional Court Lets Bartolozzi Trial Proceed

The court authorised prosecutors to continue while requiring judges to explain why they did not treat her as a co‑perpetrator so the Chamber can judge whether to press a fresh immunity claim.

Overview

  • The Constitutional Court, which ruled on Friday, Nov. 6, 2026, held that Giusi Bartolozzi can face a preliminary hearing in Rome on charges of false statements.
  • The court found magistrates were not obliged to seek a new Chamber vote because the false‑statement charge was 'connected' to but not 'in concorso' with the crimes attributed to a minister.
  • The court ordered the Tribunal and prosecutors to explain in writing why they did not treat Bartolozzi as a possible co‑perpetrator, enabling the Chamber to assess whether its prerogatives were affected and potentially raise a new conflict of attribution.
  • If magistrates justify their choice the prosecution will continue and must notify the Chamber; if the Chamber disagrees it can try to secure parliamentary authorization for trial protections for Bartolozzi.
  • The decision grows out of the wider Almasri inquiry into the release of Libyan general Osama Almasri, a probe that previously involved senior figures whose cases were either archived or shielded after the Chamber denied authorization to proceed.