The trial for mistreatment had not yet concluded, but the sentence had already been written.
The discovery of the device in the trial file was by chance the defendant's lawyer, who then requested and obtained the abstention of the president of the panel and the two judges on the sidelines of the second section of the Florence court.
The criminal chamber of Florence reported the case.
The story dates back to February 15th.
According to what emerged, while waiting for the hearing, the lawyer would have leafed through, with the permission of the hearing prosecutor, the trial file, which collects the actions carried out by the judicial police and the public prosecutor and the reports.
Thus he would have discovered the device dated 18 October 2023, which reported the name of the accused and the sentence of 5 and a half years for mistreatment, without the signature of the president of the college.
The prosecutor had not yet carried out the indictment, nor had the lawyers argued their defence.
The defender asked for the panel to abstain.
The three judges decided to abstain.
The decision was authorized by the president of the Court Marilena Rizzo who started investigations: "I asked for a report from the president of the college".
The complaint lasts Criminal Chamber of Florence: "We take note of the explanations of the college which in the face of the legitimate complaints and the invitation to abstain formulated by the defender", stated it was "a mere draft, susceptible to being remodulated after the intervention of the parties ".
But "it seems clear that a decision had in fact already been taken without first having listened to the defense arguments".
This way of "administering justice denotes a vision of the criminal trial in which the reasons for the defense are understood as a useless frill that can easily be dispensed with with consequent contempt of the role and function of the defender".
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