San Marino. Sentenced to 3 months in prison for an argument with a neighbour
Quarrel between neighbors ends up in court, sentenced to three months
ANTONIO FABBRI – The story that entered the Chamber yesterday is the most classic of quarrels between neighbours. There is one of the two who takes the dog out in the late evening, the other who hears the noise when he has already gone to bed, yells at him from the window, goes down the stairs, the two fight in the garden, a chest punch and one of them ends up with a broken rib. The complaint is triggered and the most banal of disputes between two neighbors, between whom there has never been good blood, ends up in court. This is what happened on May 15, 2017.
Yesterday the facts were reconstructed in the courtroom. Discordant versions on the genesis of the dispute: one said that he did not make any noise with the dog; the other claimed that he played throwing a ball at him against the wall and therefore made noise; one claimed to have made no threats; the other that instead there had been threats, including that of taking a gun and that they risked being kicked out of the apartment in which they were renting.
Regardless, however, of the two different versions, the fact that was certain and undisputed, as also confirmed by the reports of the gendarmerie and first aid reports, was that of the injuries: the fracture of a rib and a prognosis of 15 days. Thus, the civil plaintiff’s attorney, Stephanie Podeschi he asked that the criminal liability of the defendant be pronounced, the sentence to pay compensation for the damage to be liquidated in civil proceedings asking for a provisional payment of 5,000 euros and the payment of the fee for bringing a civil action. The Attorney of the Tax Office, Giorgia Ugolinireferring in turn to the first aid report, he considered the fact to be proven, asking for a sentence of 3 months’ imprisonment plus costs of justice.
The defense attorney takes a different view Antonio Massello, who “does not consider the conclusions so peaceful. Indeed there was provocation and threats, so much so that the following week the family was forced to leave the apartment, despite the fact that the contract had not expired. I therefore ask – concluded the lawyer – acquittal for lack of the objective and subjective element. There was no will in the injuries that followed a provocation.” In the alternative, the request for a minimum penalty with the benefits of the law.
Judge Adriano Saldarelli sentenced the defendant to 3 months, granting the suspension of the sentence. He also condemns the compensation of the damage to be liquidated in civil proceedings and the reimbursement of the fees.
Article taken from L’Informazione di San Marino published in full after 11pm