CATANIA – Filed the case of a quadriplegic, Fulvio Frisone, slapped by his sister and husband in May 2019, who are under investigation for the crime of ill-treatment of family members or cohabitants and of personal injury. The subject in question, the protagonist of the sad story, does not resign and asks for justice.
The procedure originates from complaint by Fulvio Frisone, who would have been taken to punches and slaps by her sister and her husband. The two allegedly acted against him after returning from the hospital on the occasion of an illness of the mother of the injured person.
Still, the two would have it threatened and, out of fear, Fulvio Frisone would have reported having urinated on him but, despite this, the attacks and insulting phrases continued to exist.
Unfounded crime report
The Public minister, however, assumes that the crime report is unfounded since both the investigative activity carried out and the narration of the offended person do not allow to identify elements of criminal relevance.
They lack the prevaricating conduct of his sister aimed at humiliating Frisian and creating a climate of vexation and terror characterized by the requirement of habituality. It is a isolated case, given that the victim – since May 4, 2019 – has no longer had contact with the suspects and previously no cases of violence had been reported.
In another ruling, the Cassation is clear on this point: “For the purpose of configuring the crime of mistreatment in the family, the performance of acts that are not sporadic and manifestation of an attitude of contingent aggression is required, requiring a persistent vexatious action suitable to harm the victim’s personality“.
Is missing, by the way, too the threatening intent of the sentence uttered by the sister’s husband, having limited himself to saying that “he would have called the Hyenas“. The objective element of the crime is lacking. According to a consolidated orientation of jurisprudence: “For the purposes of integrating the crime of threat, it is not necessary that the prospect of an unjust evil actually intimidates the taxable person, it being instead sufficient that the conduct put in place by the agent, in relation to the contingent situation, is potentially suitable for an accident. on the moral freedom of the victim“.
The GIP therefore, the filing of the proceedings registered against the two defendants for groundlessness of the crime report and orders the restitution of the documents to the public prosecutor.
To read the complete text of the provision click here.
Fulvio Frisone’s complaint
After archiving, Fulvio Frisone asks for justice and proposes complaint against the decree issued by the GIP. The reasons are attributable, first of all, toomitted assessment of complaints submitted by the injured party in the filing request.
It relies on the fact that the victim would never have reported his sister for the crime of mistreatment (which for the GIP would not be configured) but mainly for crimes of beatings and injuries. It was therefore necessary to proceed with theupdate of the crime report, with the aggravating circumstance that it is a defenseless person and unable to react.
You can read: “It follows that the GIP, although requested to do so, has failure to exercise their powers of control and supervision preliminary investigations “.
The lawyer of the offended person, Avvocato Giuseppe Lipera, therefore, requests that the Court of Catania finds the nullity of the contested archiving decree e order the return of the documents to the Public Prosecutor of Catania to proceed with theupdating of the registration in the register of crime reports against Fulvio Frisone’s sister for the crime of beating, or proceed upon new registration for the same facts, possibly ordering the supplementary investigations previously indicated by Fulvio Frisone in the act of opposition to the filing and indicating the term within which to carry them out.