The Court of Review of Vibo Valentia annulled the preventive seizure order issued by the Justice of the Peace of Vibo Valentia against the DG and DP.
With this provision, the Court of Vibo Valentia, accepting the reasons for review advanced by the lawyers Giuseppe Di Renzo and Domenica Aquilano for the former and the lawyer Caterina Pugliese for the latter, ordered the restitution of the real estate – consisting of a building and land – to those entitled to it.
During the investigations, the territorial prosecutor’s office had already rejected the request for preventive seizure made by the alleged offended person, a measure against which an opposition had been proposed, accepted by the Justice of the Peace.
The seizure measure, evidently affected by abnormality due to the legislation applied and by absolute nullity, irremediable and detectable in every state and level of the proceeding, pursuant to art. 178, 1st co., lett. b, because it was issued in the absence of the Prosecutor’s request, it was canceled subject to the filing of the reasons for the order. The singularity of the matter and the related provisions is evident due to the procedure carried out.
