Attempted murder with 22 stab wounds: sentence reduced for Giuseppe Maglione

Naples - The Naples Court of Appeal has overturned the sentence against Giuseppe Maglione, 25, of Montesarchio, accepting the arguments of the defense represented by lawyer Vittorio Fucci and Professor Alfonso Furgiuele.

The defendant was acquitted of the aggravating circumstances of futile motives and diminished defense, obtaining the concession of the special mitigating circumstance of active withdrawal. The sentence for attempted murder was thus reduced from 10 years to 6 years and 6 months.

This is a significant victory for the defense, which had already obtained a mitigated sentence in the first instance compared to the seriousness of the crime charged. Maglione, who has already served 2 years and 2 months under house arrest, could avoid a return to prison thanks to the reduction of the sentence and the technical times related to the filing of the reasons and a possible appeal to the Supreme Court.

The case and the reduction of the sentence

Maglione was arrested on December 8, 2022, on charges of attempted murder aggravated by premeditation, in addition to the aggravating circumstances of futile motives and weak defense.

Many of the shots had been inflicted on the heart, leaving the victim on the brink of death. Arpaia had been rushed first to the Benevento Civil Hospital and then by helicopter to the Caldarelli Hospital in Naples, where delicate heart surgery had saved his life.

During the legal proceedings, the defense had managed to have the aggravating circumstance of premeditation dropped before the Review Court. Subsequently, Maglione had obtained release from prison with the benefit of house arrest, pending the final decision of the Court of Appeal.

With the second-degree sentence, the prospects for Maglione change radically. The reduction of the sentence and the time already served suggest that he can avoid returning to prison, pending judicial developments and a possible appeal to the Supreme Court.