It is no longer dangerous, but the judges say no

#longer #dangerous #judges

After 16 years, the 41 bis is very close to the historic boss of Pagliarelli Nino Rotolo, so much so that he has appealed against the latest extension ordered by the Ministry of the Interior.
According to his defense, the mafia boss would no longer be dangerous, he would have no role in the clan he belongs to and, indeed, there would be elements in support of his “complete dismissal” from the criminal organization and, in addition, the harsh imprisonment would also cause him a “damage in terms of training offer, which mortifies the constitutional essence of the sentence”.
Arguments that now, however, the Supreme Court has deemed completely unfounded, thus confirming that Rotolo must remain at 41 bis, and has sentenced him to pay 3,000 euros to the Cassa delle finende.

“Irregular and repeatedly sanctioned prison behavior”

For the judges of the first section of the Supreme Court, chaired by Luigi Fabrizio Augusto Mancuso, not only is Rotolo still dangerous and “he has never dissociated himself from his criminal conduct”, but he also had “an irregular prison behavior, so much so that he was the recipient of multiple disciplinary sanctions, three warnings and exclusion from joint activities for days and this in the year 2019 “.
There would therefore be no room for derogation from the special prison regime.

Boss, but also father: yes to Sandro Lo Piccolo’s appeal

The defense: “Out of the clan, he’s not dangerous”

Rotolo, 76 years old, not the first boss who tries to escape the 41 bis and many were the appeals examined in recent months by the Supreme Court (however, always with negative results for the mafia).
The mafia boss of Pagliarelli had challenged the order of the Court of Surveillance of Rome of 18 November last, with which the complaint against the extension of 41 bis was in fact rejected.
For his defense, in fact, the “subjective danger that makes the continuation of the exceptional detention regime necessary” has not been demonstrated and there are elements that “give knowledge of the complete disposal of any associative placement.
16 years have passed since the first application of the prison regime.
derogatory, during which no sign of belonging was ever expressed by the applicant “.
And, for the lawyer, there would also be an “ascertained modification of the associative reality in the reference territory, with the applicant’s exclusion from any criminal connection”.

The judges: “He has never dissociated himself, he can reconnect”

The Supreme Court – which judged Rotolo’s appeal inadmissible – instead believes that the court of Soverglianza “offered reasons that were anything but apparent in relation to the requirement that the danger is topical” and, among other things, the fact that Rotolo did not is never “dissociated from his own criminal conduct logically leads to believe that, should the differentiated prison regime cease to exist, the danger of resuming contacts with mafia members of the reference territory would not otherwise be contained”.

“His position on the ‘escaped’ proves belonging to the clan”

Furthermore, the judges say, the court also took into consideration the case of the “escaped”, or the “fact that Rotolo remained in the minority within the mafia faction opposing the decision, then taken, to allow the members of the Inzerillo family to return to Sicily “.
But “he draws from this episode, with logic and adequate motivation, the conclusion that it ends up certifying the continuing social danger of Antonino Rotolo, who is still active and present within Cosa Nostra”.
The Supreme Court then stigmatizes the prisoner’s “irregular” prison behavior.

“No damage to the boss”

Finally, in the sentence, it should be noted that with the recent decision of the Council on 41 bis it was highlighted that “the differentiated detention regime does not have a sanctioning-retributive nature but aims to prevent crimes in relation to the dangerousness of the detainee and regardless of ‘expiation of the sentence and which does not interrupt the rehabilitation process, on the contrary entailing the termination of the prisoner’s’ connections’ with the organization to which he belongs “.
Therefore, Rotolo would not suffer any damage.


Sicilian news
2022-07-31 08:45:00

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