No case to answer. This is the decision of the Gup at the end of the hearing held at the criminal court of Nola on November 14. The defendant, a man from Marigliano, had reported the tenant for having registered a false rental contract, for properties, deposits, that had simply been lent to him.
From here, on November 27, 2023, not only was the archiving of the case requested by the Nola Prosecutor's Office, with an archiving decree issued on December 5, 2023, in an abnormal manner, without it being communicated to the man from Marigliano and without the 20 days ex lege having elapsed, he had filed a complaint which was accepted in October 2024.
But, at the same time, incredibly, a notice of conclusion of the investigation was served on the defendant with the hypotheses of slander. At that point his lawyer filed a request for questioning which he gave in July 2024.
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Then, on November 14th, the preliminary hearing took place, where the legal arguments raised by his lawyer were fully accepted, during the long and well-structured discussion, which produced an incredible ruling of no case to answer, pursuant to article 425 of the Code of Criminal Procedure.
It should be remembered that for the same facts two other criminal proceedings had been opened against the accused, in one of which he was acquitted of the crimes of private violence and arbitrary exercise of one's functions (610-392 cp), while in the other a seizure by the GIP, again Dr. Capasso, by the municipal police of Marigliano was not validated.
Now the man, following a complaint, accepted, and opposition to the archiving, will be able to continue his legal action against the suspect.
The man was defended by the criminal lawyer Massimo Viscusi; while the other party is defended by the former Mayor of Marigliano, Attorney Carpino.
Comments (1)
I don't really understand why this decision was made, it seems a bit strange that there are so many proceedings for the same person. Maybe we should be clearer in legal communications, otherwise nothing is clear.