Six names, no suspects. This is the outcome, on paper, of the investigation opened by the Bologna Prosecutor’s Office into the death of Abderahhim Fakir, 43, who died on Sunday, July 19 on via Svevo, in Pilastro, during a police intervention. The two officers from the Bolognina-Pontevecchio police station and the four paramedics from 118 who intervened were registered not in the suspects’ register, but in the 45-bis form, the new register of preliminary notes introduced by the Security decree last February (which became law in April).
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Prosecutor Paolo Guido, together with PM Domenico Ambrosino, opened a file for manslaughter, but without formalizing anyone’s position: the investigations, explains the Prosecutor’s Office, will concern “the entire development of the facts,” broader than the video circulated online.
The first “national case”
This is the first application of the rule on a case of national importance, after a previous case in early July in Teramo: there the deputy prosecutor Elisabetta Labanti had chosen the same tool for the carabiniere driving the SUV who, during a chase, collided with the scooter of Massimo Ciarelli, who later died from the injuries sustained. Also in that case, no registration for road homicide, but a separate note.
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The Security Decree
The mechanism is governed by article 12 of the decree, which modifies article 335 of the code of criminal procedure: when the fact “appears evident” to have been committed in the presence of a justification cause – self-defense, legitimate use of weapons, fulfillment of duty – the PM does not register the name in the ordinary registers, but proceeds with a preliminary note. If no further investigations are needed, the request for archiving must be made within thirty days.
Criminal liability is not excluded
The balance point is right here: the rule does not exclude criminal liability nor replace archiving, but shifts the moment when a name formally appears in an investigation.
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