• Fri. Oct 22nd, 2021

Former terrorists in France, Insurgences: “At Bergamin 2 years of home-work in 41bis style”


May 12, 2021

“They tried as usual, the penalty was about to be prescribed so in a hurry the Milan prosecutor had the brilliant idea of ‚Äč‚Äčasking for the application of a new penalty, an accessory penalty coined at the time of fascism and remained intact subsequently” . The former Br Paolo Persichetti writes this on his blog Insorgenze, explaining, in relation to the case of the prescription for the former Pac Luigi Bergamin, one of the Italian terrorists for whom the request for extradition from France is pending, which “procures it after having unlawfully requested the application of the habitual delinquency, paragraph which would have prevented the recognition of the prescription of the sentence but which the appeal court has censured on the merits, has obtained from the surveillance magistrate the provision of a new 2-year home-work sentence “. “What is a workhouse? A prison where the inmate subjected to a normal detention regime during the day must (should) work. In short, forced labor. In Bergamin’s case, however, the surveillance magistrate went into a detailed description of the restrictive treatment that must be reserved for him, a sort of 41 bis – continues Persichetti in his article entitled ‘Illegitimate the extradition request of Luigi Bergamin’ – An appeal is now pending on this decision which will be discussed in the coming days and which in light of the sentence of the court of appeal has little chance of being confirmed. In the event that this happens the French judges of the Chambre d’accusation, where the request for extradition is pending, will have to rule on the legitimacy of a sentence of this kind that occurred after thirty years from the past in judged “. “It will be very difficult!”, Persichetti’s assessment, which explains how an accessory penalty is a “punishment that is imposed in the absence of a crime”, a “typological afflictive measure, or applied on the basis of a prognostic judgment on the personality of the offender,” once he has finished serving his sentence. It can be an infinite sentence, also called ‘white life sentence’, as it can be renewed from time to time based on assessments on the nature of the person. In short, it is a sentence imposed not for what one it is done but for what the idea that the judiciary and police have of the person “.