The surveillance court of Turin rejected the request for postponement of the sentence for pardon submitted by the defense of Mario Roggero, the 72-year-old jeweler from Cuneo definitively sentenced to 14 years and nine months for killing two robbers and injuring a third who had attacked his jewelry store in April 2021. The defense had primarily requested the postponement of the execution of the sentence pending the decision of the President of the Republic Sergio Mattarella on the pardon request and, subsidiarily, house arrest. The public prosecutor’s office had expressed a negative opinion.
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Roggero remains in prison
With the rejection of the request – submitted by lawyer Stefano Marcolini – Mario Roggero therefore remains in prison. In the order, the judges note that postponement in case of a pardon request is a residual hypothesis, with very few jurisprudential precedents. To grant it, according to the court, a fumus boni iuris (appearance of good right) so evident as to justify an almost disrespectful intrusion of the surveillance judiciary in an area that constitutes the exclusive prerogative of the Head of State would be necessary. A condition that the judges do not consider present in the Roggero case. The order recalls that the case remains extremely divisive even at the level of public opinion and that, while legitimate defense has been excluded on one hand, on the other hand the reaction of a person unjustly attacked cannot be measured with the precision of a pharmacist’s scale, as in similar situations an emotional shock capable of influencing the conduct of the victim of the aggression can be hypothesized. But precisely the presence of opposing reasons leads the court to exclude a preventive intervention by the judges, leaving to the decision of the President of the Republic the possible total, partial, or conditional modification of the current situation. The court also notes that a postponement could even be unfavorable to Roggero if the Head of State decided to grant only a partial pardon: the suspended penalty period would not be served and could thus delay the achievement of the temporal requirements necessary to access penitentiary benefits.
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legal expenses’.
Salvini: ’sorry for Roggero, a gazebo in Pontida to support legal expenses’
“It’s a pity, I don’t think there is any risk of flight or reoffending and therefore, respecting the mutual roles, I hope he returns to his children and grandchildren, to his work and his shop as soon as possible”: this is how the Minister of Transport Matteo Salvini commented on the refusal to postpone the sentence for Mario Roggero. On the sidelines of a conference on energy sovereignty at Palazzo Lombardia in Milan, Salvini announced that there will be a gazebo in Pontida to raise funds to support the legal expenses of the jeweler from Cuneo.
