The appeal of the Avellino Public Prosecutor's Office against the order of the Avellino Assize Court, which had accepted the request for mitigation of the precautionary measure for the two defendants in the murder of Roberto Bembo, which took place at New Year 2024 a Mercogliano.
The Court of Appeal confirmed the decision adopted on 15 January by the Court of Assizes of Avellino, which had sentenced the three defendants to sixteen years of imprisonment. Six days after the verdict of the Avellino judges, the magistrates of the Review Court have taken a clear position, confirming that the two defendants, Niko Iannuzzi e Lucamaria Sciarillo, will remain to the arrest.
Il PM Vincenzo Toscano had challenged the decision of the Avellino judges, considering the measure of house arrest for the two accused to be insufficient. However, the judges of the Review Court rejected the appeal, accepting the defense line of the lawyers of Iannuzzi and Sciarillo, Gaetano Aufiero e Stephen Vozzella. The magistrates had already accepted the request for mitigation of the precautionary measure before the summer break, based on some key factors: the two defendants' clean criminal record, the impromptu nature of the murder and the violent fight involving Bembo. Furthermore, the two defendants had already served over six months of house arrest without violating the prescriptions.
The Murder and Confession of Iannuzzi
The murder of Roberto Bembo, which occurred during a violent fight for trivial reasons with another group of young people, he had seen Niko Iannuzzi confess to having struck the victim several times, using a knife. Despite the seriousness of the evidence of guilt, the Court of Assizes had held that the circumstances related to the incident - including the extemporaneous and sudden nature of the crime - justified the measure of house arrest, considered more appropriate to the phase of the proceedings.
In the provision that confirmed the precautionary measure, the Court of Assizes of Avellino had stressed that the seriousness of the crime and the immediate availability of the weapon did not justify, at the time, returning the defendants to prison. Indeed, the judges had highlighted that the defendants' clean criminal record and the apparent randomness of the murder - which had arisen from an argument and a violent fight - made house arrest a more appropriate measure, while maintaining high attention on the evident seriousness of the facts.
Furthermore, the order of the Court of Assizes had highlighted the behavior of the two defendants during the six months of house arrest, during which no violations of the imposed prescriptions had been committed. This had convinced the magistrates that a tougher measure was not necessary, despite the seriousness of the facts.
Naples, January 12, 2025 – The Campania Regional Administrative Court (TAR) has issued a mistaken and unconstitutional decision. In the battle to protect the Gaiola Underwater Park, Marevivo, Greenpeace Italy, and the Marevivo Campania Delegation are refusing to give up and are appealing to the Council of State against the Campania Regional Administrative Court's ruling of November 6th.
The Prefect of Naples, Michele di Bari, disagrees. Following the ruling by the Campania Regional Administrative Court (TAR) annulling the extension of the ban on loitering in the city's so-called "red zones," the government's response has arrived: an appeal will be filed with the Council of State. The Prefecture emphasizes that the decision was made "in full compliance with the judicial ruling," but is based on the belief in the legitimacy and necessity of these measures, which were created to combat widespread degradation and crime in some critical areas of the city.
The contested ordinance, the Neapolitan Prefecture states in a statement, was the result of a process shared with the mayors within the Committee for Public Order and Safety. The so-called "red areas” – limited and limited in time – had been identified on the basis of documented incidents of fights, vandalism, excessive alcohol consumption, drug dealing and assaults, which had made the intervention of the police necessary to ensure the usability of the public space.
Salernitana has suffered a major setback in its legal battle: the Lazio Regional Administrative Court (TAR) has declared inadmissible the club's appeal against the Lega B, FIGC, and CONI (Italian National Olympic Committee) to challenge the postponement of the Serie B playout matches. The "Prima Ter" section of the administrative court resolved the matter, citing the club's failure to comply with the so-called "sporting preliminary ruling," the requirement to exhaust all levels of sporting judgment before appealing to an external jurisdiction.
According to the ruling, the Lega B press release, which was the subject of the dispute, should have been challenged first before the National Federal Tribunal of the FIGC, then possibly before the CONI Guarantee Board and only subsequently, in the event of further dispute, before the TAR.
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