Foggia – Manfredonia. Receipt of two machines “NEW HOLLAND agricultural tractor” and “Merlo” agricultural machine in the countryside of Manfredonia in the Pedicagnola area.
The facts: last Saturday (13 April 2024) the Carabinieri of the Radiomobile Operations Unit of Manfredonia carried out an arrest operation, in the act of committing a crime, of a 33-year-old farmer (FN) from San Giovanni Rotondo, with a criminal record, because it was kept (according to the operators) inside an illegal mechanical workshop in an isolated place from the town center (in the countryside of Manfredonia in Pedicagnola locality), an agricultural tractor proceeds of theft reported by an agricultural laborer in September 2023, as well as an agricultural machine which evidently bore an alteration to the original alphanumeric sequence of the chassis such as to hide its exact origin. The Carabinieri, after the ritual investigations and after having also obtained information from third parties present on the site, proceeded to arrest the FN in flagrante delicto.
The Public Prosecutor of the Court of Foggia, having examined the arrest report, carried out by the Police Officers of the Carabinieri of Manfredonia, requested the presentation of the accused to the Judge of the hearing for the validation of the arrest and for the very direct judgment at the Court of Foggia for the crime referred to in art. 648 of the penal code, on the assumption of the existence of serious indications of guilt towards the arrested person and on the existence of precautionary needs which denoted a greater and concrete criminal attitude on the part of the arrested person. The Prosecutor requested, for the FN, that he be arrested in prison.
At the criminal hearing last Monday, held in Court, scheduled for the validation of the arrest and for the subsequent immediate trial, the accused defended by the lawyer Matteo Ciociolamade spontaneous and justifying statements, also answering the questions of the trusted defender, of the presence of the two vehicles inside the land in question Pedicagnola locality granted to him in free management (to work hay and straw) by another person, thus removing the presence of the subjective element of typical fraud in the configuration of the crime of receiving stolen goods.
Upon completion, the Judge of the Court of Foggia, Criminal Section, did not validate the arrest executed against the accused, due to the lack of the legal prerequisites, relating to the state of flagrant and quasi-flagrant crime. Therefore, the precautionary needs requested and in place were not recognized and justified, and the Judge ruled state of freedom the farmer is the thirty-three year old FN.
“It’s obvious,” comments the farmer’s lawyer. Matteo Ciociola“that the control on the legitimacy, by the Judicial Body, of the PG’s actions was carried out, among other things, both on the verification of compliance with the formal terms established by law, and on the existence of the conditions legitimizing the arrest was made, i.e. whether or not the conditions of the flagrant act were met and whether, with reference to the specific case, one of the criminal hypotheses that require or allow the arrest was configurable (fumus committed delicti)”.
“We will wait – continues the lawyer – without intruding into a reserved appreciation of the possible cognizance phase of the criminal trial on merit, the outcome of this sad affair to demonstrate that my client was not involved in the charges relating to the crime of receiving stolen goods”.
Tags: Manfredonia Receiving tractor agricultural machine #30yearold arrested validated
