In their “curriculum” there are several cases for personal injury and firearms. THE previous of the Bianchi brothers, accused of killing Willy Monteiro Duarte, the 21 year old who died in Colleferro, between Saturday 5 and Sunday 6 September, were already worrying before the tragedy. In the order validating the arrest, issued by the investigating judge of the court of Velletri, Gabriele Bianchi’s charge is indicated “three cases for personal injury and firearms” and others “five cases, all for personal injury“borne by his brother Marco. But why, then, weren’t they stopped earlier? Because they weren’t already in prison? “The precautionary measures cannot always be applied to any suspect and for any crime”, explained a ilGiornale.it the Como lawyer Erika Frigerio. And that of Colleferro is not the only case in which the alleged killers, despite having precedents, were free to act again.
“That’s why they weren’t in jail”
First of all, it must be borne in mind that “the prison is considered the ultimate measure to be applied “, underlines the lawyer. In fact, as stated in article 275 of the Code of Criminal Procedure, “Pre-trial detention in prison can only be ordered when other coercive or disqualifying measures, even if applied cumulatively, are inadequate“. Furthermore, in order to be able to apply this measure, it is necessary that the crime for which the person is accused includes a sentence of imprisonment”not less than a maximum of five years“. Not only that. When the judge decides for prison, in fact, he must indicate the specific reasons that led him to favor that specific precautionary measure.” We need to understand for which crimes they had been previously investigated – explains the lawyer Frigerio, referring to to people with a history – if low sentences were foreseen and if there were no precautionary requirements. “In the case of the Bianchi brothers, for example, accused of personal injury, the conditions necessary to apply these measures had not occurred: “For personal injuries – explains the lawyer Frigerio – if the disease that causes is up to 40 days, the penalty is up to 3 years, therefore it is not foreseen pre-trial detention “. Furthermore, custody in prison “depends not only on the type of crime, but also on the personality of the accused, who could be subjected to house arrest or, in particular cases, to custody in nursing homes”.
The precautionary measures
But there is not only the prison. There are others too precautionary measures coercive measures that can be applied when the judge deems it appropriate and when prosecuting certain types of crimes, which include life imprisonment or imprisonment for more than three years. These are, for example, house arrest, presentation to the judicial police, prohibition or obligation to stay and prohibition of approaching. So why hadn’t the alleged killers been subjected to these other precautionary measures? Because also for the application of these measures are foreseen particular conditions, regulated by the Code of Criminal Procedure. Not only. “It is also possible that the measures had been applied – explains the lawyer Frigerio – but they were expired at the time of the fact “. In fact, the precautionary measures have a term:” If the crime provides for imprisonment under 6 years, after 3 months the measure lapses, if you do not proceed, but there is also a general deadline, equal to two years”.
Valerio De Gioia, judge of the court of Rome, also spoke on the subject, speaking to the microphones of the broadcast Italy has woken up on Radio Cusano Campus, he specified: “The precautionary measure is not applied for any type of crime. For less important crimes the judge cannot give precautionary measures“And, in relation to the Bianchi brothers, De Gioia explained:” If it were to be true that there are proceedings for brawls and even drug dealing, these are not hypotheses that can lead to precautionary measures, also because the judge must to ascertain the existence of precautionary requirements. This explains why there were no precautionary measures “.
Those cases of complaints on the loose
Willy’s death is the latest in a long series of murders, in which the alleged killer had a criminal record. The last, in chronological order, is that of Mr. Roberto Malgesini, the 51-year-old priest stabbed to death in Como on 15 September. A 53-year-old of Tunisian origin confessed to the murder, according to reports AdnKronos, it would have previous for ill-treatment, resistance to a public official, theft and robbery, as well as two requests for repatriation. Going further back in time, the murder of Luca Sacchi, the 24-year-old personal trainer killed in Rome on 24 October 2019, for which Valerio Del Grosso and Paolo Pirino, both 21 years old and with criminal records, had been arrested, as reported Lapresse: one, in fact, had been reported for assault, while the other for drug dealing.
Already sued several times for mistreatment also the aggressor of Stefano Leo, the young man killed on the long Po Machiavelli in Turin on 23 February 2019. In this case, in reality, it seems that Said Mechaquat, a 27-year-old of Moroccan origin who had confessed to the murder, already had a sentence of one year and two months, but had not yet been taken to prison. Sometimes, even precautionary measures are not a guarantee. This is the case of Zdenka Krejcikova, a 41 year old of Czech nationality, stabbed to death last February in Ossi, near Sassari. The 45-year-old ex-partner, who had been subjected to a ban on approach, was arrested for the murder, after a complaint of ill-treatment. In this case, not even the imposed measure had been able to stop the murderous rampage.