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Killed in the park: court, 'a judge is not clairvoyant'

2021-11-23T11:58:29.157Z


Stalker was released after the plea deal (ANSA) " A judge has no powers of clairvoyance , he cannot know what will happen next, given the unpredictability of human reactions". The president of the Reggio Emilia court Cristina Beretti tells ANSA about the case of Juana Cecilia Loayza, killed by the ex , free with parole after the stalking plea deal. What happened "is nothing more than what happens in dozens and dozens of trials for similar crime


"

A judge has no powers of clairvoyance

, he cannot know what will happen next, given the unpredictability of human reactions". The president of the Reggio Emilia court Cristina Beretti tells ANSA about the case of

Juana Cecilia Loayza, killed by the ex

, free with parole after the stalking plea deal. What happened "is nothing more than what happens in dozens and dozens of trials for similar crimes". Prosecutors and judges "apply the law, apply precautionary measures requested by the prosecutor, calibrating the choices according to the specific case, condemn the penalty that appears fair in relation to the case submitted to them".

The assessments that a judge is called to make, Beretti's reasoning continues, "must be the same for everyone: understanding the context, ascertaining the fact, applying the law. Otherwise - continues Beretti - categories of authors should be envisaged for whom constitutional principles are not applicable and this is contrary to a penal system of a liberal democratic society ". The suspect, Mirko Genco "was a person without a criminal record," recalls Beretti. "He was subjected to a precautionary measure, the sentence of two years of imprisonment was applied to him, he had started attending a rehabilitation center, a necessary condition for being able to have the conditional suspension of the sentence".

The president of the Reggio judicial office, then, defines what happened as "very serious", that is, "the killing of a life by another human being is the worst that can be".

But "from here to look for responsibilities or scapegoats for those who have done nothing but apply the law, as happens every day in the courts for completely similar facts and which in the vast majority of cases have completely different epilogues, I think we run ", he claims.

"The speech would be very long because to make people understand what the profession of judge really means, what is behind every decision, what is the travail that accompanies each provision, I realize that it is an increasingly difficult undertaking", concludes Beretti.

Source: ansa

All news articles on 2021-11-23

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