The defense of Mimmo Lucano yesterday notified the appeal against the decision of the Civil Court of Locri who in recent weeks, applying the Severino law, has declared the decline as mayor of Riace of the Europeaniary. The lawyers Andrea Daqua and Giuliano Saitta enrolled the case to the role of the civil section of the Court of Appeal of Reggio asking for the reform of the sentence. As a consequence of the filing of the appeal, Lucano’s declaration of decline as mayor of Riace is suspended, as required by art. 22, paragraph 8, Legislative Decree 1 September 2011, n. 150.
The defenders of Lucano reiterated that the object of the appeal presented in his time by the Prefecture through the forms of popular action was not the existence or not of the crime of false ideological, but whether it had been committed, or not, with “” abuse of power or in violation of the duties inherent in the functions “, evaluation – write the lawyers – which competes only to the criminal judge, not being able, the judge of the decadence, replace it”. The Daqua and Saitta lawyers reiterated that the condemnation suffered by Lucano in the Xenia trial “is not linked to any abuse of power wanted by the Severino law for the declaration of decline”, as the criminal court did not apply the sanction of which art. 31 of the ritual code, according to which each sentence for crimes committed with the abuse of powers or with the violation of duties inherent in a public function imports temporary interdiction from public offices. Interdiction, excluded from the Court of Reggina to prove, therefore, that the condemnation suffered by Lucano was not linked to an abuse of power.
