Another judge in Marsala accepts the exception on the Cartabia law
#Trapani
Another judge from the Marsala Court, Fabrizio Guercio, has accepted a constitutional legitimacy exception raised by lawyer Luisa Calamia regarding an article (art. 95) of the transitional provisions of the “Cartabia Law” and has submitted the documents to the Constitutional Court for evaluation. The decision by Judge Guercio, dated June 27, concerns a 31-year-old prisoner currently held in Trapani prison. The prisoner was sentenced to a year and 5 months for stalking and personal injury by the Marsala Court on April 20, 2022. The sentence was confirmed by the Palermo Court of Appeal and became final on March 25 due to a lack of appeal to the Supreme Court. Lawyer Calamia has also raised an exception of unconstitutionality regarding article 95 of the “justice reform” enacted by the former Minister of Justice, claiming a violation of the right to equality and the right to defense. According to the lawyer, the law excludes those who were waiting for the appeal sentence’s reasoning to be deposited when the Cartabia reform came into effect from accessing the judge of the execution to obtain the benefit. The lawyer argues that this constitutes unequal treatment for those who cannot benefit from the alternative penalties introduced by the Cartabia reform, such as house arrest for sentences under 4 years, community service for sentences under 3 years, or fines for sentences less than one year of imprisonment. Judge Guercio’s decision has also been adopted recently by Judge Francesco Parrinello on a similar exception proposed by lawyer Giacomo Frazzitta.
Un altro giudice di Marsala accoglie l’eccezione sulla legge Cartabia
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