Court of Cassation

Mario Roggero has been definitively convicted of the murder of two robbers

The 14-year and 9-month sentence for the Grinzane jeweller is now final. His defence lawyer: he will turn himself in today without delay

PALAZZO DI GIUSTIZIA PALAZZACCIO PIAZZA CAVOUR CORTE SUPREMA DI CASSAZIONE PALAZZACCIO POLIZIA IMAGOECONOMICA

5' min read

Translated by AI
Versione italiana

5' min read

Translated by AI
Versione italiana

The Court of Cassation has definitively upheld the 14-year and 9-month sentence handed down to Mario Roggero, the jeweller from Grinzane Cavour, accused of having killed two robbers, Giuseppe Mazzarino and Andrea Spinelli , and wounding a third on 28 April 2021, following a robbery at his shop. The decision, handed down by the First Criminal Section of the Court of Cassation, comes after five years of proceedings, following an appeal by Roggero’s defence team. The lawyers Stefano Marcolini and Sergio Rovani , on leaving the Court of Cassation, said that their client would not wait to be taken to prison: “He will turn himself in today; he will not wait.” As for where he will go, the lawyers declined to comment: “It must be his decision” to disclose this, even “to the press”. These statements come after the judges’ decision to reject the appeal lodged by the defendant’s defence counsel, thereby making the ruling handed down in December last year by the Turin Court of Assizes of Appeal final. Roggero, now 72, is the jeweller from Grinzane Cavour (Cuneo) who, on 28 April 2021, killed two robbers – 58-year-old Giuseppe Mazzarino and 44-year-old Andrea Spinelli – following a raid on his shop. The gang’s driver, Alessandro Modica, was wounded but managed to escape. Both at the first-instance trial in Asti and on appeal, the judges had rejected the defendant’s claim of putative self-defence. Roggero chased the robbers through the car park, armed with a toy gun and a knife, after the robbery had already ended, firing a series of shots from his gun at their car. “The aggressive action on the part of the robbers had completely ended,” the appeal judges had written in the grounds for their judgement.

The story

The jeweller has always maintained that he acted in self-defence to protect himself and his family, who were in the shop at the time, whilst the prosecution claims that the shots were fired after the danger had passed, as the robbers were already fleeing.

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Roggero is being defended by lawyer Stefano Marcolini, assisted by defence analyst Sergio Novani. In a recent video appeal, posted yesterday on his Facebook profile , the 72-year-old goldsmith said: “This wait is wearing us down; we’ve had enough. For years we’ve been enduring this ordeal that we never wanted.” “Thank you for everything you’ve done for us so far,” he concluded, addressing his supporters, “if you’d like to do something more, I’d ask you to say a prayer.”

Salvini: We will ask Mattarella for a pardon

And the “secular” prayer came from former general Roberto Vannacci and Deputy Prime Minister Matteo Salvini , who reaffirmed their solidarity.

League leader Matteo Salvini takes to social media to share his message in support of the convicted jeweller: “So many, so very many of us stand with Mario Roggero. We are calling for a pardon for him! A father, a grandfather, a husband and a lifelong worker, who at the age of 72 is being sent to prison because he reacted to an assault, a theft and a robbery in his shop – the family shop – with his wife and daughter present and at risk. I consider this sentence to be unjust.” “We have fought together,” he adds, “for a new law on self-defence, which has spared many decent citizens suffering and imprisonment, but clearly this is not enough and we must further extend the sacrosanct right to self-defence for those who are attacked. And we will do so. We must also ensure, by law, that no ‘compensation for damages’ is paid to the relatives of thieves who are injured or killed as a result of their crimes. For Mario now, together with all of you, I will do everything possible to ensure he is granted a pardon. An appeal we are addressing directly to the President of the Republic. A pardon for an honest man who, at 72 years of age and after a life of sacrifice, does not deserve to share a cell with real criminals.”

Former General Roberto Vannacci, who has on several occasions argued for a broader interpretation of self-defence, has therefore reiterated his position on the case, drawing a distinction between the legal and political spheres. “It is not my place to comment on the judges’ assessments,” he explained, “but we must not forget where it all began.” For Vannacci, the Roggero case therefore remains symbolic of a broader issue: that of protecting those who are victims of robbery or assault. “The triggering event,” he insisted, “was the criminals entering the shop. Without that robbery, nothing that happened afterwards would have happened.” Along the same lines, Rossano Sasso, MP for Futuro Nazionale , has issued a clear appeal to all political parties to immediately amend the laws on self-defence, so that it is always legitimate.

The lawyers representing the civil parties

The reaction of the lawyers for the civil parties Marino Careglio and Flavio Campagna, representing the relatives of Andrea Spinelli, one of the two robbers killed in 2021, was diametrically opposed “This legal case demonstrates the importance of having, in our country, a judiciary that is autonomous and independent of any other branch of government, capable of reaffirming a principle that must continue to characterise our democracy: the life of every human being is a fundamental right and is protected by law”. So said lawyers Marino Careglio and Flavio Campagna, acting as civil defence counsel for the relatives of Andrea Spinelli, one of the two robbers killed in 2021 by jeweller Mario Roggero, whose conviction was today made final.

Roggero’s lawyers: possible move to Strasbourg

“We are completely taken aback and extremely disappointed. The appeal was very well-reasoned. We believed there was a good chance of securing a favourable ruling. All we can say is that we can only wait for the grounds for the judgement and try to understand where we went wrong.” So said the lawyers for jeweller Mario Roggero, Stefano Marcolini and Sergio Rovani, as they left the Court of Cassation following the confirmation of the conviction. “It is likely,” they explain, “ that there may be some follow-up proceedings in Strasbourg, at the European Court of Human Rights.” The lawyers will now assess “whether, upon reading the grounds for the judgement, the European Court of Human Rights might instead identify, within the evidence we submitted to the Court of Cassation, something that could lead us to obtain justice”, they said. And they reiterate that “any further action we take will depend on reading the grounds for the judgement”.

The ‘Save Roggero’ law

Just yesterday, the Council of Ministers gave the green light to the security package, which also contains the provision – already dubbed the ‘Save Roggero’ clause – under which a person convicted of exceeding the limits of self-defence is not required to pay compensation to the perpetrator of the offence. However, this provision would not apply in the jeweller’s case as it is not retrospective.

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