The new trial involving Alessio and Simone Scalamandré, the two brothers accused of killing their father Pasquale on 20 August 2020, will take place on 17 April before the first section of the Assize Court of Appeal of Milan. , in their home in San Biagio.
The setting of the hearing came together with the filing by the Court of Cassation of the reasons for the sentence which annulled with postponement both the 21 year sentence for the eldest of the brothers and the acquittal on appeal of Simone who in the first instance was was sentenced to 14 years in prison.
In annulling the sentence against Alessio Scalamandré, the Court of Cassation took into account the decision of the Constitutional Court which decreed the illegitimacy of the article of the Red Code which prevented generic mitigating factors from prevailing over the aggravating circumstances of a crime committed in the family and accepted the appeal of the lawyers Luca Rinaldi and Andre Guido who invoked the mitigating factor of provocation by speaking of an "eloquent evidentiary framework" regarding the victim's behavior "repeated up to the moments immediately preceding" the murder.
The appeal of the general prosecutor's office on the acquittal of Simone Scalamandré, defended by the lawyers Nadia Calafato and Riccardo Lamonaca, was also accepted, inviting the Milanese judges to adequately motivate a possible new acquittal sentence.
Pasquale Scalamandré was killed with a rolling pin after a fight on the evening of August 20, 2020. The argument arose from the man's umpteenth request to his eldest son to retract his accusations regarding the mistreatment and threats to his mother that had forced the woman to leave the city to move to a protected community in Sardinia.
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