Arrested by mistake and forgotten under house arrest: the absurd case of Donato

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Incredible adventure that happened to a 43 year old from Rozzano, a municipality in the province of Milan and told by Il Giorno. The man has unjustly spent a year a house when instead it should have been free. An error after the other that forced him to be detained. Now, when everything is finally clear, the 43-year-old asks for compensation for unfair detention. The incident began in July 2017, when the man was arrested, tried and sentenced to one year and three months in prison for abetment of a fugitive hosted in his home in Rozzano, on the outskirts of the Lombard city. Despite some criminal records, the Milan court judge had decided to give him confidence and give him freedom. The provision gave space to alternative measures, such as probation. The document read "It is believed that the present case may have an adequate deterrent effect and the application of additional precautionary measures is not necessary".

One mistake after another

The man then went to the barracks of the carabinieri of Rozzano to show the provision. The military present at that time, as admitted by the station commander, made a mistake, believing that “It was the replacement of the pre-trial detention with the less afflictive measure of the domiciliation he drew up the submission report certifying that, from that moment, the Command assumed the burden of controls on the person subjected to restrictive measure ". But it's not over here. In fact, a few hours later, his office attorney, who had not realized that his client had been released, had asked the Court for permission for his client to leave home for a few hours during the day to do the spending or going to medical care. The new judge therefore allowed him to leave his home from 10 to 12 and from 16 to 18.

No one listened to him

Although the poor man kept repeating that he had to be free, no one paid any attention to him. At this point the man decided to change lawyer and turned to the legal Debora Piazza, who managed to reconstruct the whole absurd story. His client was thus able to obtain the cancellation of house arrest. As explained by the lawyer "We will present a request for compensation for unjust imprisonment it is a very serious one judicial error and I would like that in the future greater attention be paid to reading the proceedings, because people's lives are at stake ". In recent days, the 43-year-old obtained the acquittal with the formula "Because the fact does not exist". The man had also been accused of having escaped home because he was found on the street with his dogs.

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Source link
http://www.ilgiornale.it/news/milano/errore-giudiziario-costringe-ai-domiciliari-1785887.html

Dmca

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