Luigi Cascioli lodges the present formal complaint
at the Seat of the Court of Justice in Rovigo,
Mons. Lucio Soravito de Franceschi, bishop of the diocese
of Rovigo, as representative of ministers of religion,
for abuse of popular credulity and impersonation.
TO THE PUBLIC PROSECUTOR'S OFFICE
COURT OF JUSTICE OF ROVIGO
The undersigned Luigi Cascioli, resident in
Roccalvecce (Viterbo) Via delle Province no. 45/b
EXPOUNDS WHAT FOLLOWS
After long and deep studies consisting of (and not
only) textual exegesis of the Old and New Testament
and other Sacred Scriptures, the undersigned has come
to the conclusion that many of the facts produced and
presented as if being true and historical in the so
called “Holy Scriptures”, are in reality
false, first of all the historicization of the figure
of Jesus Christ, for the most part based on the figure
of John of Gamala, son of Judas, downright descendant
of the Asmoneian stock.
The grounds that have led the undersigned to such conclusion
are expressed in detail in the book that is alleged
to the official complaint and of which is integrant
and substantial part.
This complaint does not wish to contest the freedom
of Christians to profess their faith, sanctioned by
art. 19 of the Italian Constitution, but wishes to denounce
the abuse that the Catholic Church commits by availing
itself of its prestige in order to inculcate –
as if being real and historical – facts that are
really just inventions.
A clear instance of that abuse was committed by Mons.
Lucio Soravito de Franceschi, bishop of the diocese
of Rovigo, when he sustained the historical figure of
Jesus by asserting falsely in a pastoral message on
December 2005 the 23th: <<God (Jesus), since he
was born in a well-defined place, Bethlehem, and at
a given moment in history, at the time of Augustus,
under the governor of Syria Quirino, during the census:
Jesus is no myth, is not a tall story, but a reality
that belongs to our history>>.
That the figure of Jesus has been fully constructed
over a certain John of Gamala , son of Judas from Gamala,
known as the Galilean, is irrefutably known by such
a great number of proofs as to remove whatever doubts
about the falsifications carried out by the compilers
of the Gospels. It would suffice that concerning the
transformation of the appellation Nazireo, as was usually
called John of Gamala as inhabitant of Nazareth , to
show in the most absolute manner the impersonation stated.
From the penological point of view, these historical
falsifications can integrate cases in point of two offences:
the abuse of popular credulity, and impersonation (in
the case of Jesus Christ).
According to article 661 of the Italian Penal Code,
there is an abuse of popular credulity when someone,
by means of fraud, deceives a great number of people.
In this particular case, the ministers of religion of
the Catholic Church, like Mons. Lucio Soravito de Franceschi
in the present case, by committing historical falsity,
therefore presenting invented facts as if true and actually
occurred – but useful to religious doctrine –
they deceive all the people that come into contact with
the teachings of such religion, by inducing them to
believe in that religion, not on the basis of purely
theological reasoning (totally legitimate and admissible),
but on the basis of a deceptive representation of the
The offence is of transgressive and contraventional
nature for which the psychological element of the offence
suffices, which certainly is to be found in all ministers
of the Catholic Church, therefore also in Mons. Lucio
Soravito de Franceschi in view of the fact that it is
not credible that educated people, whom by vocation
and profession continually study the Bible and the Gospels,
have not been aware of the numerous and repeated falsehoods
(even gross) contained in those writings.
As to the offence of impersonation, this occurs when
a party gains benefits by attributing to it, or to others,
a fallacious name.
In the case in question, the book “ The fable
of Jesus Christ ” (to which I refer for more detailed
explanations) demonstrates that Jesus Christ never existed,
and that under that name there hides John Gamala.
Therefore the ministers of the Catholic Church who proselytise
like Mons. Lucio Soravito de Franceschi does (in order
to gain benefits from the number of more believers,
and the more there are the more will be the economic
income derived from their offering and donations –
among which the 8 per thousand combined to the incometax
return) – on the basis of this falsehood, mislead
those who receive their message and therefore, commit
offence called for and punished by the article 494 of
the Italian Penal Code.
Among other things, to integrate the offence in question,
“it is not necessary that the goal proposed by
the offender is in itself illegal or aimed at profit,
since it may well be legitimate and not aimed at gaining
profit.” (Cass.pen. N 0805 / 98 - N 3645/99 –
N 230694/04 – N 1910/05).
The subjective element requested is the specific malice,
which exists in all these subjects that are consciously
aware of such falsity, still have no scruples about
continuing to divulge them, as Mons. Lucio Soravito
de Franceschi is doing.
The responsibility of the Pope may only be of a moral
nature, considering his immunity granted by the Article
3 - 1 st comma of the Italian Penal Code, whereas all
the other Ministers of the Catholic religion (among
them Mons. Lucio Soravito de Franceschi) may be faced
with the responsibility of penal nature.
The continual presentation and description and divulgation
of false facts passed off as true, also harms the moral
tranquillity and serenity of the petitioner with the
consequential emotional distress, for which he will
request damages in the proper seat by means of timely
filing a civil action in criminal proceedings.
The undersigned, at disposal of the Judiciary Authorities
for any further explanations about the merits of the
question, reserves, as from now, the right to integrate
what has been denounced, and expressly asks to be heard
on the above facts.
Such being stated and considered, the undersigned
Luigi Cascioli presents formal
Towards and against Mons. Lucio Soravito de Franceschi,
resident in the diocese in via Sichirollo 18 45100 in
Rovigo, and eventually towards other ministers of the
Church – with him in concurrence and joinder of
offence – called for in articles 494 and 661 of
the Penal Code, as well as for any other offence that
Your Honour wishes to advise in the behaviour above
The undersigned reserves the right to file legal action
against offences in the manner and time established
by the law, and asks, ex art. 408 Penal Code, to be
informed in the case of dismissal of the matter criminis.
The book enclosed in the file constitutes alleged part
of the complaint.