Feminicide Giulia Tramontano, because the Court excluded the premeditation to Alessandro Impignatiello

Six months of lies, poisoning and lies are not enough to talk about premeditation. The Court of Assizes of Appeal of Milan, which confirmed the life imprisonment for Alessandro Impignatiello, the former barman who killed his partner on May 27, 2023 Giulia Tramontanopregnant in the seventh month, has excluding the aggravating circumstance of premeditation. Why?

The reasons, deposited yesterday, They contain a punctual analysis that distinguishes between cruelty, willful misconduct of purpose and absence of premeditation.

The central knot: when the idea of ​​killing is born

For the judges, there is no proof of the fact that Alessandro Impigniello hatched his intention to kill the woman in the previous months. In fact, they write: “There is no evidence that allow you to retrod the intention of assassinating Giulia They set compared to the day he stabbed it. “

The crucial moment is identified by the judges on the afternoon of May 27thwhen the partner decides to face him in front of his colleagues at the bar where he worked. In that circumstance, as a witness reconstructs, the young woman says to him: “I am in front of your work that I believe that from today it will no longer be”. And he, in an attempt to stem humiliation: “Notify me when you are about to arrive, warn me”.

It is in that temporal interval – between the return to the house of the defendant at 17 and that of Giulia at 7 pm – which, according to the Court, matures the decision to kill. Two hours are considered “an interval too short to meet the chronological requirement” of premeditation.

Poison

A decisive passage concerns the poisoning with a topicide that Impignatiello added to Giulia in the previous months. The first degree had read in those gestures an indication of premeditation; The appeal overturns the perspective.

In the reasons it is clarified that poisoning aimed not to the death of the woman, but to the interruption of pregnancy: “The goal was the abortion of the fetus and not the murder of the mother”, reads. For the defendant the unborn child was perceived as the real “problem For his career, for his life ». This distinction is crucial: if the poison was not aimed at suppressing Giulia, the possibility of retrospecting the murderous intent is less.

Not even the possible maneuvers made in the wait of Giulia – to move a carpet, make space between the furniture, perhaps cover a sofa with a sheet – have been considered important. For the Court, in fact, “it is irrelevant to know what actions have been carried out in those two hours of waiting”: the essential is what happened in the accused’s mind.

Not a raptus, but not even a long -preordained drawing: The judges speak of willful misconduct, a meditated and maintained decision for a short period of time. “The idea of ​​resorting to murderous violence has rooted persisting obstinately until the crime is fulfilled,” they write, underlining that the accused had the opportunity to choose weapon, place and methods, acting “by surprise” and preventing Giulia each defense in Giulia.

Cruelty and coexistence: the aggravating confirmed

If the premeditation has been excluded, The Court, on the other hand, confirmed the aggravating circumstances of cruelty and the bond of coexistence. The crime is described as a “angry fury”a “punishment to inflict”. The 37 stab wounds, of which 11 when Giulia was still alive and 24 directed to the neck, are defined as “unnecessarily afflicting injuries”, proof of the brutality of the attack.

A sentence that divides

The Tramontano family reacted with bitterness: “He poisoned her for six months, then killed her. For the state it is not premeditation», His sister Chiara protested. But the judges reiterate that criminal law cannot be separated from the tests: and in this case, the sequence of events does not allow to talk about a murderous plan cultivated for months, but of A decision taken in the last hours before the crime.