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Ferrara, a young man from Bagheria, defended by the lawyer Raffaele Delisi, was subjected to the precautionary measure of house arrest at his brother’s home, as he was unable
serve this measure at his home as he was accused, in another proceeding, of robbery and extortion in his parents’ home.
According to the prosecution, during the execution of the measure, he committed the theft of electricity, illegally connecting to the public network, and escaped from house arrest after he was found inside a neighbor’s house, communicating with her apartment. via an internal door to the building.
In the first degree of judgment, the Court of Termini Imerese, in monocratic composition, on 3.12.2021, in the person of Judge Sandro Potestìo, acquitted him of the charge of theft, as no proof of his involvement in the unauthorized connection had been found, declaring him guilty of the crime of escape, sentencing him to five months and 10 days in prison.
This decision was confirmed by the Court of Appeal of Palermo on 12 April 2023.
An appeal was lodged against this sentence before the Court of Cassation by the defendant’s defender, Lawyer Raffaele Delisi, who noted that the sentence of the Court of Appeal of Palermo was affected by the defect of the erroneous application of the criminal law, not having the Court adequately motivated in relation to the failure to recognize the particular tenuousness of the fact.
The Supreme Court, having heard the defender’s speech, on Wednesday 5 June, annulled the contested sentence, accepting the defense theory and holding that the removal from the place of arrest, without going out onto public roads, is a particularly tenuous fact and, therefore not punishable.
«The legal case of Ferrara, which began in 2020, finally ended with the judgment of the Court of Cassation which gave the law an interpretation such as to give the right weight to a fact which, although contrary to the law, was substantially tenuous and therefore , not punishable.”
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