by CC unjustified and disproportionate reaction

Cucchi’s gesture of reaction it was, according to the judges, “a purely figurative gesture, inserted in a context of mutual insults initially made by the carabiniere Di Bernardo and the arrested person who, in the given context, expresses the simple refusal to undergo photo-signaling”.

The motivations – For the Roman Court, “the disproportion between the altercation that arose between Di Bernardo and Cucchi with respect to the extent of the aggression suffered by the latter in which D’Alessandro participated” can be considered as ascertained. With regard to the aggravating circumstance of the futile reasons, “the violent modalities with which the beating against the arrested person was consummated, frail in the physical structure, express a modality in the action that has ‘transformed’ the simple intention to react”.

The other convictions – The judges also sentenced the carabiniere Roberto Mandolini for forgery and two and a half years and, again for forgery, Francesco Tedesco, the soldier who with his statements had shed light on what happened in the Casilina barracks on the night of Cucchi’s arrest.

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unjustified disproportionate reaction

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