NAPOLI – New development in the appeal trial against Pasquale Mosca and Giuseppe Varriale, the two young men convicted in the first instance for the sexual violence against the two cousins of Caivano. The Court of Appeal of Naples ordered the postponement of the hearing to April 10, when a psychiatric consultant will be appointed to evaluate Mosca's capacity to understand and want at the time of the facts. The defendant is defended by the lawyer Giovanni Cantelli.
The exception of unconstitutionality and the suspension of terms
During the hearing, the lawyer Dario Carmine Procentese, Varriale's lawyer, raised a question of unconstitutionality, referring to a similar case dealt with by the Gup of Milan. According to the defense, in the crime of gang rape, if a lesser seriousness of the facts is recognized, a reduction of the sentence of no more than two thirds should be provided.
This request led to the suspension of the statute of limitations, pending the ruling of the Constitutional Court.
The reaction of the victims' families
The parents of one of the two victims expressed their bitterness about the incident, through their lawyer Clara Niola:
"While we understand the logic of the Court's order, we continue to have faith in the judiciary. However, we hope that a sentence will be reached that reflects the gravity of the facts, in line with the evidentiary framework already outlined in the first instance."
First degree convictions
On July 5, 2024, the Court of Naples North sentenced in the first instance:
Giuseppe Varriale to 12 years and 5 months of imprisonment
Pasquale Mosca to 13 years and 4 months in prison
The appeal process will continue in the coming weeks, with the expected psychiatric evaluation that could influence the outcome of the trial.
Article published on 3 April 2025 - 20:19
The case is very complicated and it seems to me that there are many legal issues at stake. I hope that the Court will make a fair decision for the victims and that the sentences are adequate. It is important to do justice.