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The deaths of Luca Carissimi and Matteo Ferrari, the two boys aged 21 and 18 who were overwhelmed in Azzano on August 4 a year ago on a scooter, are the tragic epilogue of a traffic accident and not the deliberate gesture of the driver . from the investor, Matteo Scapin, 34, of Curno. So says the sentence pronounced yesterday afternoon by the GUP Massimiliano Magliacani, who declassified the crime of voluntary homicide to aggravated road homicide for drunk driving and hitting the road, condemning the accused to 6 years and 8 months.
Definitively reduced sentence compared to the 16 years invoked in the morning by the prosecutor Guido Schininà, who had insisted on the malicious episode. The calculation, in addition to the generic ones, was affected by the recognition of the mitigating circumstance in paragraph 7 of article 589 bis of the Criminal Code, which provides for the reduction to half of the sentence if the lethal act is not “the exclusive consequence of the action or ‘omission of the guilty party’. In practice, with this mitigating circumstance – invoked by the defense – the judge opened the thesis of concurrence of the case. In summary, a certain responsibility of the GUP in the behavior of the victims must also be identified While waiting to read the reasons, the concurrence of guilt could be read in this way: Scapin’s altered state – the main cause of the episode, if, as the GUP did, the reasoning of non-willfulness is married – only the alcohol, but also what had just happened, and those are the fights, the broken rear window and the impression of being chased by many rivals, all things that would have made him panic.
FROM L’ECO DI BERGAMO
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