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He speculated on the feelings of the victims. And he never gave signs of repentance. With a motivation of forty pages, the judges of the third appeal court explained why Valentino Talluto, the accused of hiv accused of having infected thirty partners, did not deserve any punishment .
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The President of the Court, Andrea Calabria, justifies the reduction of the sentence from 24 to 22 years – only by the non-recognition of the attempt of injury on four (uninfected) partners, in addition to the 32 cases of transmission considered as certain . And the judges go further: insinuating a potential legal void without which, for the defendant, the profile no longer of the crime of serious injury, but of the malicious epidemic requested by the pg.
"HIV – they explain – is not considered a rapidly developing disease." And most importantly, the crime imagined by the legislator in 1930 provides that the contagious matter, ie the germs are separated from those who propagate them (that is to say, contagion always involves the intervention of the human hand) and thus, this prevents us from considering that the human contagion can be qualified as 'epidemic in the legal sense'. Also rejected the generic mitigating circumstances requested by the defense and Attorney General Simonetta Matone. "The pg – is the premise of the Court – argued in the discussion the thesis of the punitive contagion born of the trauma suffered by Talluto for the death of the AIDS of the mother.For the same reasons, for the most foolish, he had asked the general mitigating circumstances for the defendant. "Application not accepted, is explained in the reasons, because there is no evidence of punitive contagion.
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"Talluto does not deserve the mitigating circumstances recognized by the first judge because, even though he is aware of the seriousness of the harm and the danger represented by his behavior, he exposed to the risk of contagion an impressive number of girls, whatever the consequences, preserved in a permanent lie. " "The criticism of Talluto – warn the judges – is that he took advantage of the availability of his partners, speculated on their feelings and had multiple relationships with them, keeping silent about their HIV status. Nor is there any significant sign of resipiscence ". The victims, badisted in particular by lawyers Flavio Nicolai and Irma Conti, are waiting for compensation. But Talluto had only one house that he sold after his arrest.
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