denounced the former Regent of San Marino
From the crime committed for violation of sexual freedom to privacy, through offensive acts of sexual modesty. The complaint was filed for the alleged harassment at the Palazzo. The scandal that engulfed the then Regent Captain Giacomo Simoncini, who returned to being a private citizen on April 1st at the end of the semester shared with Francesco Mussoni, dates back to the beginning of March.
The story
A secretary said she was called to the head of state’s office with the excuse of fixing his ZIP some pants. Only a few moments and Simoncini would have shown himself naked from the waist down, making requests of another tenor. Voices then frozen, given that no Regent can be denounced during the mandate, much less defend himself or make statements on any subject. But with the turning point of April 1st, the scenario changed. The San Marino Women’s Union had made use of the Regency Union to sift through Simoncini’s work, taking advantage of the 14-day window that opens upon the expiry of the mandate.
The complaint
The law firm, addressed by the Palazzo employee, confirms that the complaint “was filed on Wednesday”. The text indicates a series of abstractly conceivable crimes, based on law 57 of 6 May 2016, or the one drawn up when San Marino implemented the Istanbul Convention of the Council of Europe on the prevention and fight against violence. On the occasion, crimes that can only be prosecuted on complaint were envisaged, but the San Marino criminal code provides for other offenses that can be prosecuted ex officio that do not simply apply as gender violence, but precisely as crimes, whoever has committed them, to the detriment of anyone. Basically, one of these specific crimes is on the table.
The hypothesis of a crime
More in detail, the hypothesis of the envisaged crime could be considered configurable in the light of article 171 entitled “Violation of sexual freedom”. Where we read: “Anyone who, using violence, threats, hypnotic suggestion or while awake or using other suitable means, forces a person or deceives him into acts of lust, is punished with third degree imprisonment”. Among the other crimes that could theoretically be considered configurable and on which, being prosecuted ex officio, the judge will decide, private violence could then be added, because law 57 of 2016 has put pen to paper what is meant by violence of genre.
The circumstances of aggravation should also be considered, considering the role played by Simoncini at the time. Furthermore, a series of infringements concerning acts against the protection of modesty, or representations and obscene acts, indecent acts, as well as profanity, can also be contested. Without neglecting a crime committed with willful misconduct, the crime committed of violation of sexual freedom.
The decision on the matter will be up to the judge, as well as to ascertain whether, given the important role played by the accused, at the level of authority of primary rules for the protection of the institutional bodies of the Republic, others have been committed.