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Mafia: no lawsuit from the victims, risk of release from prison for the bosses


The Prosecutor of Palermo must request the revocation of the measure. The ANM: "Immediately change the Cartabia reform" (ANSA)

There is no lawsuit from the victims, a condition of prosecution introduced for certain crimes such as that of injury, in 2022, by

the Cartabia reform

, and the Palermo Public Prosecutor's Office is forced to ask for the ineffectiveness of the precautionary measure for

three bosses

, accused of injuries aggravated by the method mobster.

The victims, questioned by the judge as required by law, in fact refused to sue the mafia bosses.

The prosecutors had no choice but to ask for the measure to be revoked.

The story concerns the bosses of the Pagliarelli clan

Giuseppe Calvaruso

, regent of the district,

Giovanni Caruso


Silvestre Maniscalco

who, in addition to the crimes of mafia association and extortion, responded in this proceeding, for various reasons, to

kidnapping and injuries aggravated by the mafia method


For both types of crime, the Cartabia reform provides for a lawsuit as a condition of prosecution.

The three mafiosi were arrested before the entry into force of the law: in this case, therefore, the transitional regime is in force which requires the judge to verify the will to sue the offended persons.

If the victims do not want to proceed with the lawsuit, the precautionary measure is ineffective.

According to what emerged from the investigations, following which the three were arrested, the suspects would be responsible for the kidnapping and beating of two people held by the gang responsible for a robbery not authorized by Cosa Nostra.

Asked about the desire to sue the three mafiosi, the victims refused.

The three bosses will still remain in prison because they are recipients of other precautionary measures, but the question alarms the magistrates because the case can be re-proposed.

The ANM calls for the Cartabia reform to be changed immediately for mafia cases


"Recent press reports regarding the probable revocation of precautionary measures for crimes that have become prosecutable on complaint, even when the aggravating circumstance of the mafia method or mafia facilitation is contested, require a rapid rethinking of the legislator's choices" , says the president of the National Association of Magistrates Giuseppe Santalucia, questioned by ANSA.

"In the presence of this type of aggravating circumstance, even the crime which, in the abstract, may not seem particularly serious, takes on an appearance incompatible with entrusting the individual offended persons with the possibility of prosecuting it in concrete terms, according to the logic of deflation of the judicial burden which are acceptable only in reference to genuinely petty crimes," says Santalucia.

Source: ansa

All life articles on 2023-01-12

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