The precautionary custody in prison, the “arrest”, requested at the time (a year ago) by the public prosecutor for a stalking proceeding, has finally arrived, by order of the judge of Varese Luciano Lucarelli, on 10 May.
But only after Marco Manfrinati, 40 years old, contravening the approach ban measure ordered by the judge in June 2023 he hit his ex-wife Lavinia Limido with a knife reducing her to the end of her life, and the ex-father-in-law who intervened to save the girl, Fabio Limido, was killed, shot dead outside his company. A fact if it seems like a paradox, and which nevertheless follows the patterns of the law: only when a violent act occurred was the precautionary measure aggravated in its strongest form, that is, the total deprivation of the suspect’s freedom.
A system that – as the president of the Varese court, the judge, recalled Cesare Tacconi a few days ago without going into the merits of the matter – it is based on gradualness: «Our system is oriented in the sense of requiring the maximum measure precisely when there is no room for others, when all other measures are not sufficient».
The absence of a stronger personal precautionary measure – pre-trial detention in prison, or the application of the “electronic bracelet” for which there apparently are not enough economic resources in our system to consider its application in all cases for which it could be requested – it had already been reported a week ago by family friends of the Limidos in the very first hours following the murder and attempted murder, and then the next day, and in the following days by the lawyer Marta Criscuolomother of Lavinia and wife of Fabio Limido: «This state does not guarantee the victims enough“, He said.
Now the order has been ordered by the magistrates of Varese, in light of the note sent by the Mobile team of the Varese police headquarters sent on 10 May, «considering that what happened on 6 May expresses, first of all, the urgency of re-evaluating the precautionary need underlying the generic measure – i.e. the danger of repetition of the crime – which has worsened in an alarming way to the point of reaching fatal outcomes”. And then «must take note of how the precautionary measure of the approach ban has proven to be completely disproportionate due to its failure to address the aforementioned precautionary need, given the necessary free adhesion that its recipient should have given to it”. Therefore “the appropriate measure to address the aforementioned precautionary need” is “only the coercive one”.
That is, the prison, where Marco Manfrinati is already found today.
