The second criminal section of the Court of Cassation canceled the order of the Court of the Review of Catanzaro with postponement, which had rejected the precautionary appeal proposed in the interest of Paolo Ripepi, Accused in the mistral-Carthago trial and defended by the lawyer Giovanni Vecchio.
The story in question was born from the aggravation of the measure of house arrest, ordered by the investigating judge at the Court of Catanzaro, following the violations of the requirements related to this measure carried out by the accused.
The defense of Mr. Ripepi, after more than a year from the restoration, asked the Court of Vibo Valentia, where the trial against the accused is being celebrated, the degradation of the precautionary measure by considering it no longer necessary.
In the face of the rejection of this application, appeal was interpreted to the Review Court, which confirmed the decision appeal by highlighting how the restoration of the imprisonment was justified.
Against this decision, the defense of Paoloripepi (lawyer Giovanni Vecchio and Bruno Vallelunga) filed an appeal by cassation highlighting iThe motivational defect resulting from the omitted response to the precautionary appeal, as well as the violation of the principle of adequacy of the precautionary measure, which must exist not only at the time of its application but also for the entire duration of the same.
Arguments shared first by the PG at the Supreme Court, which asked for the acceptance of the appeal, and finally by the judges of legitimacy, which have ordered a new precautionary judgment.