Boss of the 'Ndrangheta released twice in two months: the Public Prosecutor of Bologna appeals to the Cassation Court

At the center of a complex procedural question – It has long been at the center of a complex procedural question to decide how much to serve in prison, a story that led him to leave the Novara penitentiary at the beginning of August, and to be immediately taken back by the police when he was still in the city Piedmontese.

The defense thesis – His defenders, lawyers Mirna Raschi and Marina Silvia Mori, had noted that in February 2019, after 23 years, amid pardon, early release, the whole sentence was already served, meanwhile commuted in 30 years by a magistrate in Bologna, Gianluca Petragnani Gelosi, to whom the Cassation had entrusted the competence because it was precisely in Bologna that the last final judgment was pronounced.

The different thesis of the Prosecutor of Bologna – In August, after his release from Novara, the Bologna Public Prosecutor's Office, however, had acquired new documentation and believing that one of the sentences, a sentence of 17 years for mafia association, in 2005, referred to events that occurred after the extradition from Spain , which took place in 1998, set the end of the sentence in 2027, immediately ordering Paviglianiti's new arrest.

The appeal of Paviglianiti's lawyers – The defense has therefore made a new appeal and another investigating judge, Domenico Truppa, has accepted it, considering the sentence of 2005 already evaluated in the previous counts.

The prosecution's appeal – But according to the Prosecutor of Bologna this assessment is incorrect. In the appeal to the Supreme Court signed by the deputy prosecutor Lucia Russo and by the prosecutor Michele Martorelli it is underlined how it was learned and documented "unequivocally" that one of the convictions cited by the judicial authority of Reggio Calabria in the cumulation provision of 2012 concerned "facts consumed in the era following extradition and even while the prisoner was in prison ".

It is therefore necessary to recalculate the residual penalty to be discounted, adopting a calculation criterion different from that of the pm from Reggio. Inhibiting this faculty, according to the appeal, "constitutes an astonishing choice" and in conflict "with the principles and rules regarding the execution of prison sentences".