Murder of Olga Matei, the Cassation cancels the discount for "emotional storm"

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No to the general extenuating circumstances for Michele Castaldo, for the murder of Olga Matei, strangled in Riccione in 2016. The Cassation upheld the appeal of the public prosecutor's office in Bologna and annulled the sentence of the Court of Assizes of Appeal which had almost halved the condemnation, from 30 to 16 years, enhancing the psychiatric expertise on the accused, who had detected an "overwhelming emotional storm" caused by the human experience.The "emotional storm", therefore, as an element of the defendant's psychological situation for the judges of the Cassation does not concur with other elements to the granting of generic extenuating circumstances. The judges of the first penal section of the Supreme Court, chaired by Monica Boni, have in effect canceled the appeal sentence, "limited to the recognition of generic extenuating circumstances". On this point, therefore, an appeal-bis trial against Castaldo, detained in the Ferrara prison, will have to take place in Bologna.
The extenuating circumstances that had been granted in the second instance – and held by the appellate judges equivalent to the aggravating circumstance of having acted for futile reasons and in the grip of jealousy – concerned, in addition to the 'emotional storm' that emerged in a psychiatric examination carried out during the trial , also his confession, the fact that he had a clean record, as well as the intention to compensate the damage. Opposed to the verdict tonight – the reasons for which must be deposited within 90 days – the substitute pg. Cassation Ettore Pedicini had made the request this morning, according to which the appeal of the general prosecutor's office of Bologna was to be considered "inadmissible" and "unfounded": "the emotional and passionate states – he had argued in his indictment – can be assessed by the judge for the granting of generic extenuating circumstances and this assessment falls within the discretionary power of the judge of merit".The case made people argue precisely for the reasons of the sentence that, close to March 8th, valued among other elements the psychiatric report on Castaldo according to which the accused was prey to an "overwhelming emotional and passionate storm" due to his experience . The women organize demonstrations against that "emotional storm" that has found space in the motivations, with a garrison in front of the Court of appeal: "Shame, a man killed her not a raptus."


Murder of Olga Matei, the Cassation annuls the penalty discount for

The victim Olga Matei

The crime took place in Riccione on 5 October 2016: the two had been dating for about a month. Olga Matei, a Moldovan for many years in Riccione, 46, had put a brake on this story because she was bothered by the man's pressing controls, obsessed by jealousy: from the beginning, in fact, he had wanted to control her cell phone, looking for others possible suitors. The night she was killed, they had met for clarification, but Olga, an optician in a shop, was convinced she wanted to break off the contacts. At that point Castaldo he strangled her with his bare hands and then attempted suicide; a gesture repeated even in prison, in March.

For the murder Castaldo was sentenced by the judge of Rimini, with shortened procedure, to 30 years in prison but on appeal the sentence passed to 16 years (24 years, reduced by a third always due to the ritual) for balancing extenuating circumstances and aggravating circumstances due to the emotional state, the positive evaluation of the confession and the will to compensate the victim's daughter.




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"I did not clear the honor killing, but the man was fragile and weak"

"The contested sentence" – underlined the deputy Cassation pg asking the first penal section to declare inadmissible, because it was structured in fact, or unfounded, the appeal of the general prosecutor's office of Bologna – "explained the reasons justifying the choice, that has valued, while acknowledging the seriousness of the fact, the psychological situation of the defendant, and is in line with the jurisprudence of the Cassation, according to which the emotional and passionate states can be evaluated for the purpose of measuring the penalty. judge of merit ".



Source link
https://bologna.repubblica.it/cronaca/2019/11/08/news/cassazione_tempesta_emotiva-240595099/

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