San Marino. The Information: “First they denounce, withdraw the question now and risk being asked for damages”
First they denounce, withdraw the lawsuit and now they risk being asked for damages. The complaint was presented by the director of the ASLP and head of the Urban Hygiene service to two citizens who had harshly criticized the service on Facebook
ANTONIO FABBRI – Denounced for having expressed their opinions on Facebook, kept on the grill, sent for trial, only to have the complaint withdrawn and the statute of limitations matured as well. In the meantime, those who were the target of the lawsuit had to incur legal fees and immediate worries.
Much noise, too much, for nothing would be said, were it not for the cases of public authorities that for a trifle denounce citizens who express their criticisms – sometimes founded sometimes less, but which still should see a degree of tolerance Certainly greater on the part of public agents – they seem increasingly inclined, however, to monitor even the commas of those who freely express their thoughts and to use the judicial club of rather than that of rectification or communication or explanation, which would be by far a more appreciated, clarifying and less harbinger of conflict and social anger method.
However, the story that ended with a stalemate yesterday in court, is singular and it is a case, as recorded in the last period, which concerns the denunciation of many by people who hold public offices against citizens who intervened on Facebook
These were alleged offenses as part of an exchange of comments on the social network, relating to waste management, the Gaviano wet storage site and more generally on the age-old issue of garbage collection. Incidentally, the collection of waste, which certainly cannot be said to shine in terms of efficiency, functionality, differentiation and eco-sustainability.
It was an exchange of posts between Francesco Galassi Junior And Marino Pelliccionideemed offensive by Giuliana Barullitoday Director ofAslp and at the time the environmental referent of theDonkeyAnd Dario Felici, at the time Head of Urban Hygiene Service, who had sued. Already in the first hearing of last June in front of the Commissioner of the law Elisa Beccarithe lawyer Stefano Pagliailawyer of the complainants, he had expressed the will of his clients to withdraw the complaint.
Position that surprised the lawyers of the two accused, the lawyers Alessandro Petrillo And Alberto Selva on the one hand and Marie Antoinette Pari, on the other hand, that they were reserved to possibly know the reasons for the remission of the complaint and, then, to accept it or not. Also because the two defendants said they were ready, documents in hand, to support with evidence in their defense the truth of the facts described in the dialogues social.
Yesterday morning the last hearing in which the Law Commissioner Elisa Beccari acknowledged the filing of the remission of the complaint, as had been announced, by the lawyer of the two complainants. The withdrawal of the complaint, however, requires the acceptance of the complaint to be effective.
Well, neither of the two accused has had the remission of the complaint from the complainants, even though the limitation period matured in February is still inter.
There’s more. Marino Pelliccioni, through his lawyer Alberto Selva, filed a statement with which, in addition to not accepting the remission of the complaint, he added: “the injured parties, after having filed a lawsuit and encouraged the r submission to trial, not only failed to provide the reason for the remission of the claim, but did not even make the slightest hint of apology. The undersigned, also for the significant costs incurred, does not intend to accept and does not accept the remission of the complaint, which, although it was not possible to make it emerge in the trial, is considered unfounded and slanderous. It therefore reserves the right to act in the competent office, against Giuliana Barulli and Dario Felici, to request compensation for the moral and material damage suffered.“.
Therefore the defendants did not receive the remission of the complaint, but, on balance and as noted by the tax attorney Giorgia Ugolinithe alleged offense was in any case abundantly prescribed from February of this year.
The Commissioner of the Beccari law has therefore declared the non-place to proceed due to the statute of limitations. It will be seen, considering what has been announced, if there will now be any further aftermath of the affair given the announced intention to seek compensation from the plaintiffs.
Article taken from L’Informazione di San Marino published in full after 11 pm