Supreme Court, ruling n.10411/2011
The Supreme Court has recognized, for the first time that the head of a fatal accident, ran a red light, is due to "murder with intent to defraud any" .
The driver of a stolen van, fleeing the police had crossed an intersection at full speed with red lights and was run over a car with three guys on board, one of whom died. Man sentenced by the Assize Court of Appeal in Rome six years and six months in prison because the crime had been declassified from murder to manslaughter aggravated by forecasting the event.
The case ended in the Supreme Court that upheld the action of the prosecutor, has ordered a retrial. The Supreme Court explained in the preamble that "the Court on the merits, in addition to reading the findings in a biased trial, assessed by analyzing the position of the accused and only some of the evidence and not 'worried calarli within the whole context that would undoubtedly help to clarify their true scope. "
In essence, the Court said "the appellate court would have to consider how 'and the duration of the chase, the time elapsed between the start of himself and his transformation into a mere remote control of the stolen van; the overall mode 'escape and its continued existence even after the police had adopted a different kind of vigilance. "will also need to consider" the characteristics of the junctions involved with red light before reaching the "where the accident occurred" and the possibilities' of sight of other vehicles.
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