Sentenced in the first and second degree, but the Supreme Court overturns the sentence and orders that the trial be held again. This happened in recent days to a 45-year-old businessman from Pastorano SG, owner of a well-known alcoholic beverage distillery in the area. The Court of Naples North based in Aversa, about two years ago, had sentenced him to two years in prison without a suspended sentence.
The sentence was confirmed by the Court of Appeal of Napoli in recent months that granted him only the double benefits of the law: that is, he obtained the conditional suspension of the sentence and that of the non-mention of the conviction in the criminal record. But the conviction was confirmed in the rest. Now the Court of Cassation 5 Criminal Section the day before yesterday completely overturned the decision of the judges of merit and totally accepted the appeal of his defense attorney Raffaele Crisileo thus declaring null and void the first and second degree conviction sentence for absolute lack of motivation: in practice the trial must be started again from the beginning since it has not been clarified why the false and fictitious registration of company shares and assets was deemed to exist in the interested party's name.
In essence, according to the Court of Cassation of Rome, the logical process of the first and second instance judges was deemed flawed, according to which SG had been considered in practice “a blockhead” of third parties in his capacity as administrator of the alcohol distillery located in the industrial area of Pastorano. The defense thesis of the lawyer Crisileo and of the entrepreneur who had always declared himself innocent was accepted in practice.
Article published on November 25, 2024 - 12:27
