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The examining magistrate of the Arezzo court has rejected the request to file Fredy pacini, the man who shot a thief on the night of November 28, 2018, 29-year-old Vitalie Tonjoc from Moldova who had entered his tire store. The prosecutor will have another six months to investigate the case. The prosecutor Andrea Claudiani (who later moved to Perugia) had requested the presentation, supporting the thesis of the alleged legitimate defense. But the judge decided to take a closer look.
The news, as readers will recall, had had a wide media coverage and had also ended up at the center of political debate, citing the League, along with other cases, to support its battle for enlargement. at stake for self-defense. A political battle that continues, given that the leader of the League, Matteo Salvini, in a post on Facebook announces that on September 10 he will go “to find Fredy, to whom all my support and ours go.” Concluding with a motto repeated repeatedly: “Defense is always legitimate!“.
Because the investigating judge rejected the presentation
When the Moldovan went into action, that night at the end of November 2018, he was surprised by Pacini, who was sleeping in the workshop after several robberies, attempts or entries. The disposition of the investigating judge establishes that “the prosecutor affirmed that the defensive action would have been launched in advance while the thief entered the shed. This, in hindsight, in addition to making the danger disappear, would seem to exclude the possibility that Pacini could really have made a mistake in that the intruder had a weapon ”. The investigating magistrate hits the prosecutor, underlining that it is not understood why “although he affirms that Pacini’s reaction was objectively disproportionate (the prosecutor, ed), initially he apodictically believes that he can exclude any profile of guilt on the part of the investigated and immediately after being able to conclude that, when the latter has also guiltily exceeded the limits imposed by the alleged situation of need, it would in no way be objectionable due to the serious and even extreme alarm that affected his capacity for cold discernment and rational restraint. ” Based on these elements, for the investigating judge, there would be no details for legitimate defense. The investigating judge wants to know more, specifically about the arrival of the police, the alarm deactivated, the fracture reported by the thief and the weapon with which Pacini fired.
Salvini’s solidarity: “I’ll go find him”
“Absurd to force a respectable man like Fredy Pacini – writes Matteo Salvini on Facebook – tire and bicycle dealer from Monte San Savino (Arezzo), to wait another moment before the well-deserved presentation thanks to the new law of self-defense. For fear of the criminals who had beaten him dozens of times, Fredy had been forced to sleep in the workshop for some time, and during another attack he had reacted by killing a Moldovan thief, also with numerous criminal records. Just Justice ‘alla Palamara’ the defense is always legitimate, on September 10 I will go to support this honest worker and his community. I have already heard from his lawyer. “
