“Maybe not even to a mafia …”. Thus Mimmo Lucano comments on the sentence of 13 years and 2 months in the ‘Xenia’ trial. “I don’t want to disturb anyone anymore, I withdraw from everything – Lucano ventures -, I don’t care anymore, I just want to avoid the sorrows of my family and friends, if I have to die, no problem. I’m dead inside today. . There is no mercy, there is no justice “. Then Lucano adds: “They completely overturn reality, they destroy it. When I returned from precautionary measures, because they had suspended me as mayor and expelled from Riace, the refugees were waiting for me. Now Riace is over”. “Evaluate with your intelligence if it is an injustice – he concludes -, I don’t even have the money to pay the lawyer, if it wasn’t for my lawyers I would not have been able to afford even trips to go to the Supreme Court” .
Riace, Mimmo Lucano: the judge doubles the sentence
The Locri Court sentenced him to 13 years and 2 months in prison, almost doubling the request of prosecutors Michele Permunian and Marzia Currao (7 years and 11 months). How did it come to such a high sentence in the first instance? The ruling also surprised many experienced jurists. The reasons will arrive at the end of December, after 90 days. However, some hypotheses can be made, because there are already some certainties.
Two factors could have weighed on the quantification, in summary: the first should have been the separation of two different groups of crimes with the same purpose, instead the prosecutors asked to keep them all together. Second, the size of the embezzlement (800 thousand euros) could have led to a sentence exceeding the minimum expected: but Lucano did not put a penny in his pocket, and this has already been recognized by the investigating judge.
There is no aiding and abetting illegal immigration in this matter: the past accusation of having organized “marriages of convenience between resident citizens and foreign women in order to illegally favor the permanence of the latter in the Italian territory”, was withdrawn by the prosecutors before reaching a sentence. The convictions concern a long list of crimes against the public administration, public faith and property: criminal association aimed at “committing an indefinite number of crimes”, forgery in public deeds and certificates, aggravated fraud to obtain public funds , abuse of office and embezzlement.
This is where maybe it is ratio: the prosecutors in their request for sentencing considered them all united by the bond of continuation, or “executives of the same criminal design”: in these cases, to calculate the sentence, as explained by Paolo Frosina on Everyday occurrence, “the one inflicted for the most serious offense (basic penalty) is taken and increased up to triple. The most serious crime is embezzlement, punished from four to ten years: the prosecution asked to start from the minimum, four years, doubling it up to almost eight “. The judges, on the other hand, made a different choice: they kept the areas separate and distinct. , “doubling the basic penalties and consequently increasing the size of the sentence. The first – the most serious – includes conspiracy, forgery, embezzlement and ten different aggravated frauds, and alone produced a sentence of 10 years and 4 months in prison. How did it come about? For insiders, not starting from the four-year sentence, as requested by the prosecutors, but from a higher one. Because? The reason may lie in the fact that the embezzlement for which Lucano was convicted concerns a very high sum that hardly justifies a penalty reduced to a minimum.
There are then 2 years and 10 months for the second group of crimes, three different acts of abuse of office (the most serious crime) and the false certificate for having issued an identity card to a Nigerian citizen who is not actually a resident of Riace. . Thus we arrive at the 13 years and 2 months inflicted on the former mayor. Not even the generic extenuating circumstances were granted to Lucano.
In asking for the sentence, the public prosecutor of Locri, Michele Permunian, in the course of his indictment had stated that “Lucano was in charge of Riace. He was the absolute dominus, the real purpose of the hospitality projects in Riace was to create certain patronage systems. Lucano he did all this for a political-electoral advantage and it can be seen from several interceptions. He counted votes and people. And those who did not guarantee support were turned away “.
Lucano, appeal for solidarity of deputies, senators and MEPs
“It is not that I am satisfied with all these years that the court has imposed. We had kept to the minimum possible law, the court gave him much more”, so to Rai radio newspaper the prosecutor of Locri Luigi d’Alessio comments on the sentence of Mimmo Lucano, far superior to the request of the prosecutor. “The sentences are not commented on, the reasons must be read, but evidently our reconstruction was not so crazy”, explains d’Alessio and adds: “Humanly, I am sorry for Lucano, but the accusatory system has been recognized”.
Many demonstrations of closeness to Mimmo Lucano in the past few hours. Dozens of deputies, senators and MEPs have already signed the solidarity appeal “Domenico Lucano, former mayor of Riace was sentenced to 13 years in prison. Such a sentence to a mayor has not hit even the worst criminals in Italy. Mimmo didn’t steal a cent, didn’t get rich, didn’t hurt, didn’t exploit and these are the facts that everyone knows well! Facts that emerge with undeniable clarity from the trial. if according to the newspaper La Repubblica, Mimmo would have the responsibility of having set up a reception system with the aim of receiving an inexplicable political advantage. An abnormal sentence that seems incredible to us. Certain that future degrees of judgment will restore full dignity to Mimmo and we renew all our support for his history “.
“A lunar sentence and an exorbitant sentence that totally contrast with the trial evidence”, so, in no uncertain terms, the lawyers Giuliano Pisapia and Andrea Dacqua commenting on the sentence arrived for their client Mimmo Lucano, the former mayor of Riace. “Over thirteen years in prison – underline in a note – for a man like Mimmo Lucano who lives in poverty and who has had no patrimonial and non-patrimonial advantage from his action as mayor of Riace and, as it emerged during the trial, he is always committed to his community and to welcoming and integrating children, women and men who have arrived in our country to escape from war, torture and hunger “.cSo” it is difficult to understand how the Court of Locri did not take into due consideration what emerged during the trial, which lasted over two years, which had highlighted a reality of the facts very different from that proposed by the public prosecution “. “For now, unfortunately, we can only emphasize that not only the sentence, but also the extent of the sentence inflicted on Mimmo Lucano are totally incomprehensible and unjustified and – they conclude – wait for the reasons for the sentence in order to immediately appeal in the belief that the subsequent degrees of judgment will modify a decision that leaves us astonished “.
“We need balance and measure. I was with Mimmo Lucano in Riace in 2004, when his extraordinary experience as mayor began, I ideally continued to be so even during the judicial events, culminating today with the sentence of 13 years in prison: a very heavy sentence of which we are waiting to know the reasons “said today Don Luigi Ciotti, president of Libera and Gruppo Abele. “The laws must be respected – continues Don Ciotti – but one wonders what crimes Mimmo may have committed to deserve such a sentence. If the violations were committed to facilitate reception, without personal gain, it would perhaps be appropriate to use a The contrast that since ancient times – the example of Antigone applies to all – has sometimes arisen between the laws of codes and the laws of conscience is re-proposed here. to Mimmo and his partner, I hope that, net of legal incidents, the precious social and cultural heritage represented by the Riace experience will not be lost “, concludes Don Ciotti. “Pioneering model of hospitality capable of reconciling dignity, work and safety for the benefit of the whole community.
Mimmo Lucano and the suicide sentence (according to Adriano Sofri)
“The sentence would have been painful, unless it was reduced to the symbolic recognition that, in order to do well and make up for the inability to welcome public, Lucano and his people had transgressed regulations and fetters: as in the case of cooperatives for rubbish and their fabulous donkeys – comments on the Sheet Adriano Sofri – It would have sounded hateful, because it was unnecessarily cruel and exemplary, if he had accepted the request of the public prosecutor. But the almost doubled sentence is not only the repudiation of common sense compared to the letter of the law, nor the ferocious severity that rejects humanity and common sense as an intruder: it is a stunt. To make the calculation succeed, he had to deny the accused, uncensored, the same generic extenuating circumstances, and deny the obvious continuation of the crime. “Sofri then adds:” You know what a suicide sentence is. It is a deliberately absurd sentence, and absurdly motivated, to guarantee its annulment in subsequent grades. A shameful deception, usually perpetrated to retaliate by professional judges and above all by the popular judges of the assembly who have imposed an acquittal unwanted by the president. Here, where everything seems overturned, the sentence challenges the absurdity to the advantage of the outrage. Fame of the little mayor, national popularity, international rankings that put him in second place among the mayors of the planet, the fortieth of the hundred most influential people, the nomination for the Nobel: a career that must be crushed with double the hubris “.