Q&A: Berlusconi v the courts

Italy's top court has ruled that a law that granted Prime Minister Silvio Berlusconi and other top officials immunity from prosecution while in office is unconstitutional.

The ruling means that trials against Mr Berlusconi could resume.

What was the immunity law?

Mr Berlusconi introduced the immunity law soon after taking office in 2008

After being swept into power for a third time in April 2008, Mr Berlusconi himself proposed the controversial law granting legal immunity to the four most senior office-holders in Italy, which includes the post of prime minister.

The bill was passed by both houses of parliament, with supporters arguing that the amendment was needed to allow the top state officials to focus on doing their jobs - without legal distraction.

It was the second immunity law passed by a Berlusconi-led government - the first one was thrown out by the constitutional court in 2004.

Why was it rejected?

The constitutional court's ruling said the legislation violated the principle that all are equal before the law, and that any such measure requires a constitutional law or amendment.

But a constitutional amendment would require a much lengthier approval process - possibly including a referendum - than that used to pass the "ordinary" immunity law in 2008, making it less likely that Mr Berlusconi will once more be able to secure immunity.

What are the cases against Mr Berlusconi that could resume?

One case against Mr Berlusconi that was frozen because of the immunity law is a corruption trial involving British tax lawyer David Mills, the estranged husband of UK Olympics Minister Tessa Jowell.

Mills was accused of accepting a bribe of $600,000 from Mr Berlusconi in 1997 in exchange for giving false testimony in court.

Both men denied any wrongdoing. Mills was sentenced in February to four-and-a-half years in jail but has appealed and is unlikely to serve any prison sentence because the statute of limitations means the case will soon expire.

Another case that could resume is one in which Mr Berlusconi is accused of tax fraud and false accounting over the purchase of TV rights by his Mediaset group.

In a third case, which a judge has asked to shelve, it is alleged that senators were offered bribes to join Mr Berlusconi's coalition in 2007, when it was in opposition.

Could Mr Berlusconi face convictions or be forced to resign?

In the Mills trial, the corruption charges against Mr Berlusconi are due to expire in 2010 or 2011 under Italy's statute of limitations.

This makes it unlikely that he will go to jail, since for procedural reasons, the case may have to be restarted, rather than resuming at the point it stopped when the immunity law was passed.

The Mediaset case could resume where it left off and is not due to expire for several years. However, here too it is unlikely that the case and any appeals could run their full course before time runs out.

Mr Berlusconi has long continued his political career in spite of the numerous legal proceedings against him.

He has previously appeared in court whilst serving as prime minister, and shows no sign of bowing out this time amid the prospect of further time in court.

Under the Italian criminal system, defendants are not required to appear in court and do not face punishment until a definitive sentence is delivered.

What is the background of the Mills case?

Mills was one of Mr Berlusconi's consultants on offshore tax havens.

Mr Mills denies taking a bribe from Mr Berlusconi

The prosecution says Mr Berlusconi paid Mills for not revealing details of offshore companies during two previous trials in 1997 and 1998, in which the lawyer gave evidence as an expert witness.

Mills initially admitted receiving money from Mr Berlusconi "in recognition" of the evidence he gave, but later recanted, saying the money was paid to him by an Italian shipping magnate, Diego Attanasio.

However, Mr Attanasio says he was in prison at the time, and did not make the payment.

What other court cases has Mr Berlusconi been involved in?

As of earlier this year, Mr Berlusconi had been involved in 2,500 hearings, had received 587 visits from the police and had spent 174m euros (£155m) in legal fees during his political career.

In some cases the Italian prime minister was found guilty of several charges of illegal party financing, corruption, bribery and false accounting - but he always won on appeal, thereby avoiding jail.

However, in most cases he was either acquitted or time ran out under Italy's statute of limitations.

Here are some of the cases brought against him:

Lodo Mondadori case: Prosecutors claim that Mr Berlusconi paid huge bribes to a judge in Rome to win a take-over battle for the publisher Mondadori, which Mr Berlusconi's Fininvest took over in 1991. The case went to the appeal court, but the statute of limitations expired before the appeal was completed so Mr Berlusconi was acquitted.

In October 2009 Fininvest was ordered to pay 750m euros in damages over the takeover, and Mr Berlusconi was listed as "jointly responsible" in the case.

Telecinco case: Spanish judge Baltasar Garzon accused Mr Berlusconi of tax fraud and breaching anti-trust laws in Spain through his stake in the private Spanish TV company, Telecinco. Mr Berlusconi and all of his co-accused were acquitted.

AC Milan case: Mr Berlusconi was accused of false accounting over alleged irregularities in the purchase of a player for AC Milan, the football club he owns. The statute of limitations expired and the case was closed with an acquittal on December 13, 2005.

Fininvest case: Mr Berlusconi was accused of false accounting with the prosecution alleging he had doctored the accounts of offshore companies that form part of his Fininvest holding company. The statute of limitations expired after Mr Berlusconi's government introduced new laws on false accounting. Mr Berlusconi was acquitted.

Medusa Cinema case: Mr Berlusconi was sentenced to 16 months in jail for false accounting of 10bn lire. He appealed and was acquitted on the charge after the court said the case could not be proven.

Bribing financial police case: Mr Berlusconi was found guilty on four counts and sentenced to two years and nine months in jail. However, the statute of limitations expired for three of the charges, and he was acquitted on the fourth on appeal.