Deputy Minister: Justice Ministry Lacks Investigative Powers in Pardon Cases

The Italian Ministry of Justice has confirmed it forwarded a non-binding recommendation regarding the pardon granted to Nicole Minetti, emphasizing that the ministry lacks investigative powers and relied entirely on prosecutors' assessments when evaluating the clemency request.

Deputy Justice Minister Francesco Sisto clarified the ministry's procedural role on April 28, 2026, one day after the Quirinale Palace formally requested urgent verifications from the Justice Ministry regarding the pardon granted to Minetti, a former Lombardy regional councilor.

What Sisto Said

"The ministry does not have investigative powers," Sisto stated, explaining the Justice Ministry's limited involvement in the clemency process. After receiving a favorable opinion from the Prosecutor's Office, the ministry prepared "a non-binding opinion, transmitted to the Presidency of the Republic."

He emphasized that "all initiatives will be examined by the competent bodies for further investigations," and cautioned against premature conclusions: "Without hasty assessments of responsibility, it must be said that only at the end of in-depth examinations will it be possible to establish whether or not the legal prerequisites for obtaining the pardon exist."

This statement underscores a structural feature of Italy's clemency system: the President of the Republic holds constitutional authority under Article 87 to grant pardons but depends entirely on documentation and assessments provided by the Justice Ministry and prosecutorial offices, possessing no independent investigative apparatus.

Background: The Pardon and Subsequent Inquiry

President Sergio Mattarella granted the pardon to Nicole Minetti on February 18, 2026, effectively canceling her 3 years and 11 months sentence for facilitating prostitution in the Ruby ter case and for misusing public funds during her time as a Lombardy regional councilor.

The clemency decision was based on humanitarian grounds: Minetti's petition cited the need to provide care for a minor family member with a severe medical condition. Both the Milan Prosecutor General's Office and Justice Minister Carlo Nordio supported the request, which the Quirinale then approved following standard procedures.

On April 27, following investigative reporting that raised questions about the accuracy of medical claims cited in the pardon application, the Quirinale sent a formal letter to the Justice Ministry, requesting verification of the facts underlying the clemency decision.

Prosecutors' Response

The Milan Prosecutor General's Office responded on April 28, announcing they had launched verification checks described as addressing "extremely serious facts," including international inquiries through Interpol. Prosecutors stated these verifications could lead to "a modification of our previously positive opinion."

This represents an extraordinary step, as Italian prosecutors rarely reconsider clemency recommendations once transmitted. The prospect of prosecutors withdrawing support for an already-granted pardon raises complex questions about the clemency process.

What This Means for Residents

For Italians navigating the justice system, this case highlights procedural features of Italy's clemency process. The Justice Ministry's acknowledgment that it lacks investigative capacity means pardon decisions depend heavily on information provided by applicants and prosecutors, with limited independent verification mechanisms.

If the prosecutors' new findings substantiate concerns about the accuracy of claims in the pardon application, it could prompt discussions about fact-checking protocols for clemency petitions, particularly those invoking humanitarian grounds.

The controversy also illustrates the President's structural dependence on other institutions for factual verification. Despite holding ultimate authority over pardons, the President relies entirely on other agencies for accuracy, creating a potential vulnerability if those institutions fail in their gatekeeping role.

The Process Going Forward

The Milan Prosecutor General is conducting verifications both domestically and internationally through Interpol, a process that could require weeks or months depending on the documentation needing authentication.

For now, Minetti's pardon remains in effect. Sisto's April 28 statement makes clear the Justice Ministry's position: it performed its procedural role based on available assessments, and further determinations rest with investigating magistrates and other competent authorities, as he stated, only "at the end of in-depth examinations."