San Marino. The first plea deal is closed without plea deal
The trial for negligent injury ends with the “ordinary” sentence, which raised the first doubts about the new criminal procedure.
ANTONIO FABBRI – It closed with the rejection of the plea bargaining request – the first after the entry into force of the new criminal procedure – which had seen an order by judge Simon Luca Morsiani on March 18, remitting the documents to the commissioner of the investigating law to verify the possibility of a plea bargain there on the basis of the defense’s request.
At that time, the Tax Prosecutor opposed, both on the merits of the plea bargaining proposal, and on the applicability of the new legislation to proceedings already open, such as the one under discussion considering that “if the legislator had intended to reserve the plea bargain option also for proceedings already initiated in the trial phase, if certainly a transitional provision“. Position also shared by the investigator Roberto Battaglio who then retransmitted the documents to the Commissioner of the law of the trial.
Yesterday at the opening of the session, Judge Morsiani therefore decided, in the light of what was claimed by the Tax Prosecutor and shared by the investigator, to revoke his own order. At that point the defense of the accused, with the lawyer Paride Bugli, proposed the plea agreement at the hearing. The lawyer of the civil party Alessandro Amadei expressed his opposition. Likewise, the Tax Attorney has again his position, expressing his denial both on the merits and in the inapplicability of the procedure. Commissioner Morsiani considered the defense plea agreement inadmissible and ordered to proceed further. The hearing therefore went on.
The fact The story relates to a serious road accident that occurred on October 26, 2020 in La Zanetta street. The clash occurred between the Audi A3 driven by a San Marino, 21 year old at the time, and a 17 year old aboard a Vespa. It emerged that the driver of the car was in a state of psychophysical alteration. The 17-year-old remained several days in confidential prognosis and is still suffering the consequences of that accident today. For the injuries sustained, the expert verified a 35% disability for the victim, who has not yet been compensated.
The last hearing yesterday In yesterday’s hearing, the injured party was first heard. The young man retraced his own Calvary following the accident and the permanent injuries reported that prevent him from “return as before“, he said.
Also heard was the young man who was driving the car, accused of culpable injury and driving in a state of alteration, who collided with the scooter. The boy said he was sorry and sorry for what had happened and said he had changed his life, also moving from San Marino.
The conclusions of the civil party The lawyer for the civil action said: “I understand the reasons of the defense, but I was taken with a certain embarrassment at the statements made to the police when the accused tried to correct the shot relating to the dynamics, which instead was well described and clear, so it was clear and found the state of psychophysical alteration for alcohol and positivity to cannabinoids. Today we heard a different position from the defendant that we appreciate. I can only ask – concluded Amadei – the conviction, and also the sentence to pay compensation for the damages suffered for 248,263.65 euros, as quantified in the appraisal, in addition to the costs and fees of the civil action. In the alternative, ask for the payment of a provisional amount to the extent that will be considered fair ”, concluded the lawyer Amadei.
The conclusion of the Pf The Tax Attorney, Roberto Cesarini, he again recalled the anomaly of the plea bargain in this proceeding, then on the merits of the affair he underlined: “Here we talk about procedures and law, but in the end there are people to consider. On the one hand, a boy who has had damage and sees his physical health compromised in many ways. On the other hand, there are also those who change their lives, at a time when he was taking substances and abusing alcohol and caused this accident. It must be evaluated that in the end there is the human drama from several points of view and we are obliged to seek an evaluation that leads us to a determination that is as fair and equitable as possible “, said the Pf. Then he asked for the sentence for the accused, together, with 1500 euros for injuries, administrative sanctions and driving in a state of alteration. He also asked for the suspension of his driving license for 6 months, 4 of which have already been discounted. The pleading of the defense The lawyer Paride Bugli, reiterating as it was necessary, given the entry into force of the new legislation, then raises the question of the proposal and participates, therefore in the merits. “Since the opening of the beat this defense had included responsibility, but we also stressed that the civil police unit did not verify the existence of a black box. He did not raise the hood to see if there was that device that from 2024 will be mandatory on all new cars. And so this is an aspect that could reconstruct the exact dynamics even better “, said the lawyer Bugli. As for the penalties, the lawyer asked for the minimum edictal and probation, as well as emphasizing that the ban from driving was sufficient. already discounted by his client. As for the compensation, he deferred to the decisions of the judge, noting the pending insurance compensation procedure.
The sentence In the sentence, Judge Morsiani established a total fine of 1300 euros and an interdiction from driving for six months, granting the benefit of not being mentioned. Compensation for the damage to be paid in civil proceedings has also been arranged, however setting a provisional amount of 10 thousand euros. The lawyer of the injured party, Alessandro Amadei, said he was satisfied with the sentence. The defense will now have 30 days for any appeal.
Article taken from The information of San Marino published in full after 10 pm