June 20, 2024, 4:01 pm
1 minute read
PALERMO – The oral warning is not enough because it is not a prevention measure. A defendant caught driving a car without a license was acquitted on appeal. At first instance the Court of Termini Imerese had sentenced him to six months in prison.
He was on trial Vincenzo Pagano, multiple criminals for theft and receiving stolen goods committed in Bagheria and surrounding areas. While he was subjected to the prevention measure of the oral warning issued by the police commissioner, he was caught behind the wheel of his wife’s BMW.
The lawyer Raffaele Delisi appealed, recalling the jurisprudence of the Court of Cassation and demonstrating that the oral warning is not included among the personal prevention measures. It is in fact devoid of specific behavioral prescriptions.
The Court of Appeal of Palermo, presided over by Aldo De Negri, accepted the defense thesis: the oral warning is only the first step for the possible application of a prevention measure in a technical sense.
“In the criminal trial the fact is judged and not the person. The precedents of my assistant should not have and did not influence the Court – explains the lawyer – because without the violation of specific obligations imposed by the prevention measure, the specific crime alleged against my client cannot be considered to exist.”
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Published on
June 20, 2024, 4:01 pm
