The First Section of the Bari Court of Appeal, at the hearing on Wednesday 12 February 2014, overturned the first instance sentence of the Monocratic Judge of Foggia, acquitting Antonio Di Maggio from the accusation of manslaughter of the minor Demir Ferkat.
The Attorney General and the defendant of the civil parties had asked for confirmation of the sentence.
The sentence was issued after two hours in the council chamber.
«It is a sentence that reconciles criminal law and common sense.
The sentence of Di Maggio at first instance, already inexplicable according to the parameters of the common man, was totally wrong in point of law, having confused the quite distinct concepts of protection position (which belonged to the child’s parents) and position of control (due to the accused).
There has been much talk in the process of opening the gate of the fence of the mascone: in the grounds of appeal and in the oral discussion I have argued that it is an absolutely neutral datum, because the purpose of the fence (and therefore the obligation of my assisted) is to avoid accidental falls.
In our case, the poor victim had voluntarily entered the tank. “
