Court – It was the accused herself who explained the error to the judge – She risked a ten-month prison sentence
Viterbo – (sil.co.) – She leaves house arrest to go to the Serd but gets the wrong day, a 43-year-old from Viterbo was acquitted of the charge of escape because the fact does not constitute a crime.
Viterbo – The carabinieri in the historic center
The woman from Viterbo who on the morning of December 16, 2021, while under house arrest strengthened by the electronic bracelet, left her home in the center, triggering the alarm on the remote control device, was acquitted yesterday by judge Jacopo Rocchi. A patrol from the Carabinieri mobile unit rushed to her place and she ended up on trial for escape.
“When we arrived the woman wasn’t there, so we called her on her cell phone and after about twenty minutes she arrived. She had permits to go to the Serd, but only on certain days. That day was Thursday and she had to stay at home, the leave was for Friday,” explained one of the soldiers who spoke at the hearing on April 10th.
Defended by the lawyer Luigi Mancini, the accused yesterday asked to be questioned before the sentence, explaining that she was experiencing a dark period in her life. “I was confused, I used drugs, then fortunately I got out of it. At the time I had three days a week of leave to go to the Serd. Convinced that it was Friday I went to Serd, only realizing when I found it closed that it was Thursday. While I was returning home, the police called me on the phone,” she said.
Nonetheless, for the prosecution, which requested a ten-month prison sentence, the constituent elements of the crime were present. Not according to the defense, for which the accused only wanted to take advantage of the permit. “As demonstrated by the coincidence of the time and the fact that she was already on her way home when she was contacted by the police, to whom she immediately answered her phone and made herself traceable”, pointed out the lawyer Mancini .
The judge, after a brief deliberation, acquitted the woman with the formula “because the act does not constitute a crime”.
– She leaves the house while under house arrest, betrayed by the electronic bracelet
Presumption of innocence
In the Italian criminal system the presumption of innocence applies until the final sentence. Presumption of innocence which is based on article 27 of the Italian constitution according to which a person “is not considered guilty until finally convicted”.
April 25, 2024
