A Fight Back Woman Blog

To enlighten and inform, and to encourage overseas prosecution of sexual assault

Power of Attorney – Part 2

Gratuitous scenic photo to get you thru my boring legal stuff.

Hmm, so where I last left you, I had shared the Italian version of my Power of Attorney documents. So, here is the translated version. I hope you’ll see that it’s not all that scary. I always found that seeing a legal document in a foreign language freaked me out more than the translated version ever did. Also, the process of enacting the power of attorney designation – while it seemed intricate – really boiled down to getting a bunch of strategically placed stamps. But here you go. Please note the bolded item toward the end:

Courtesy translation

POWER OF ATTORNEY

ACCORDING TO ARTICLES 100 AND 122 OF THE ITALIAN CRIMINAL PROCEDURE CODE

I, Keri Allison Potts, born on the 1st of May 19XX in New York (United States of America), resident in New Jersey (U.S.A.), am the offended party in the criminal proceeding n. 54775/08 RG NR – 17005 RG GIP, pending in front of the Judge of the Preliminary Hearing at the Court of Rome (Italy), the Honourable Judge Mrs. Roberta Palmisano, against Mr. Marco XX, born in Perugia (Italy) on the 26th of December 19XX, with elected domicile at the firm of his attorney Mrs. Elisa XX in Rome via Ciro XX n. 4, charged of the following crimes:

art. 609 bis c.p.: because with violence consisted in grabbing Miss Potts Keri Allison’s  arms and head, retaining her using his hands and body, forced Miss Potts to suffer sexual acts consisted in kissing her mouth, biting her lips and touching her genital area.

art. 582, 585 c.p. in relation to art. 576 n. 1 c.p., because in order to commit the crime as described in the above paragraph, Mr XX has hit Miss Potts’ face with a punch, causing her a personal lesion curable in 7 days.

In Rome the 12th of November 2008”.

and in order to these charges, on the 28th of January 2010 the preliminary hearing has been scheduled, in front of the Court of Rome, the Honourable Judge Mrs. Roberta Palmisano, I revoke every previous appointment and domiciliation and

DECLARE

to appoint as attorney and general attorney, according to articles 100 Italian criminal procedure code and general attorney according to article 122 Italian criminal procedure code, Mr. Valentino XX attorney at the Court of Milan, born on the 16th of July 19XX in Bari (Italy), and to elect domicile at his firm in Milano viale XX, in order to bring the civil action in my name and on my behalf in the above mentioned criminal proceeding against Mr. XX.

I grant Mr. Valentino XX the power and the authority pertaining – according to Italian law – to this general attorney, none excluded, particularly, to appoint substitutes and experts, to sign and present formal instances, recourses, petition, to demand the complete restore of the damages included a provisional restore, to settle, to renounce to carry on the civil action in the criminal proceeding, to appeal according to articles 576 Italian procedure criminal code, to do everything that he will consider necessary to give full execution to his power of general attorney so none will be ever object Mr. Valentino XX’s lack or vagueness of power, finally I grant Mr. Valentino XX to confirm every act and decisions that he will take and carry on in execution of the power of attorney.

This power of attorney is grant for all the judgment degrees, including the one in front of the Italian Supreme Court (Cassazione), also for the execution of the sentence, and in order to obtain the full restore of the damages  suffered and that will be eventually suffered by me as a consequence of the crimes charged to Mr. Marco XX

Respectfully.

(Keri Allison Potts)

With this document in hand, I made an appointment with the Italian Consulate of New Jersey based in Newark. Actually, my attorney made the appointment and I just had to get myself there in one piece with my passport, birth certificate, and this document. Also, I had to bring my checkbook as I was told it would cost $55 for the service of the consular officer. Peachy.

Well, I got up nice and early on January 15 and took the PATH train to Newark (a bit of a haul). I had visions of what the Consulate would look like having only been to the US Embassy in Rome. But the Italian Consulate wound up being in a nondescript office building, with a bad 70s decor. I can still see the pitiful security magnetometer with its uneven stance, as if to say “Why bother?” But as I was the first one to the Consulate when it opened, I found my way to my appointed officer.

If ever there was a woman who was flustered, unsure of herself and worrisome, it would be this one. From the moment I sat down, she seemed confused. In fact, I actually had to explain what I needed her to do for me. My attorney had prepped me well and told me what I needed. You would think that would have aided her. But no. She spent lots of time flipping through piles of paper. And she finally found a stamp book. I won’t get into all the nitty-gritty, but basically, she was to use her official stamp as a witness of my request to grant power of attorney. And I was to sign my name over and over wherever she put that stamp. So, that’s what I did. I will dig up that document and post it later this week.

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