Avoiding prosecution?

There's an interesting take on the aftermath of the Italian election in the Independent, suggestinging that Berlusconi is refusing to admit defeat in the hope of avoiding prosecution.

[T]his is not just a case of Mr Berlusconi being a bad loser, say pundits. During his five years in office he spent much of his time passing laws to avoid going to jail. Many commentators believe Italy's richest man wants to gain an informal pledge of immunity from judicial proceedings from Mr Prodi's government, in return for a guarantee that his Forza Italia party will not make political life unbearable for a fragile administration.

(Link added)

What's worrying is that he may get away with it - or try and provoke a real constitutional crisis (as opposed to an ordinary, run of the mill conformation that the election results are valid - the right of every candidate) if his demand is rebuffed.