The vigilante who shot the thief killed after the theft in Rome arrested for voluntary murder

The case dates back to February 6, only today, however, the news of the arrest of Antonio Micarelli, the 56 -year -old vigilante who killed, with a gunshot, on the face, Antonio Ciurciumel, the 24 -year -old Romanian thief, surprised to steal in via Cassia, in Rome, in a house close to that of the vigilante, where a caregiver had also been linked and blocked a caregiver, arrives. He is now accused of voluntary murder. The images of video surveillance cameras in the theft area would have been decisive.

The vigilante immediately invoked the legitimate defense, But, according to the reconstruction of the prosecutor, he would have exploded gunshots when it was no longer necessary to defend himself. He would shoot when the criminals were on the run. The entire charger of his weapon with at least 10 exploded bullets would have been downloaded.

“I saw the car that came against me, I didn’t know what they had and if they had weapons inside“, Micarelli said. It had been supported by the inhabitants of the area, but this reconstruction would be refuted by the videos of the cameras: the thieves would be on the run when the man shoots. Ciurcouel was struck by a very close distanceA, while he was trying to climb over a fence after the blow had failed.

The victim’s wife told the Corriere della Sera: «Of course he made a mistake to commit the robbery. He should have thought that he was running a danger. That the law must be respected. He was wrong. I scream it, stronger I can because I feel the world. But he didn’t have to die ».

Weapons and legitimate defense, how much are these two themes really tied?

The lawyers Pietro Pomanti and Valerio Orlandi, who defend the security guard, say: «We wait for the guarantee interrogation In order for the suspect to reiterate the dynamics of the facts and provide the magistrate with every element useful for investigations. He reiterates the suspect how the fact occurred in a context of legitimate defense. We will present an application for review against the precautionary ordinance since there are no precautionary needs “.

The legitimate defense in Italy

The discipline of legitimate defense It is contained in theart. 52 of the Criminal Code . These are the requirements:

• the existence of a right to be protected (just or others);
• the need for defense;
• the topicality of the danger;
• the injustice of the offense;
• The proportion relationship between defense and offense.

It is therefore not punishable by those who committed the fact, for having been forced to be forced to defend a right or others against the current danger of an unjust offense, provided that the defense is proportionate to the offense.

The provisions also apply in the event that the fact occurred within any other place where a commercial, professional or entrepreneurial activity is carried out.