view of the above documents in the case against, among others: 1) Simeon Luciano No 26.12.1979 Naples, 2) Sharp Carl N. Ostuni (Br) on 14.12.1978, 3) Antonio Tamburrino No Parete (Ce) on 26.2.1981, 4) Nicola Testini No Andria (BA) on 25.4.1972, in order: Simeon, Sharp, Head) to the crime provided for in Articles 110, 615 cp, because competition between them, such as Sharp and Simeon Chosen Carabinieri in Rome Triumphal service with the Company, through the abuse of power inherent in their functions, is introduced and illegally withholding the apartment located in Rome, using a person not fully identified, identified as Natalie, and this contest in agreement with the Testini, Chief Marshal in service with the same command, the offense was committed in Rome on a day between July 4 and 2009.B) to the crime of Articles . 110, 317 cp, because, in competition as above (Simeon and creating cutting edge material in the conduct of competition by agreement with the head), and thus posing as Police officers abusing their quality, with the threat of serious consequences, Piero Marrazzo forced to hand over their three checks, the total amount of € 20,000, the offense was committed in the same circumstances under A), C) to the crime under Articles. 110, 61 n.9, 628 n.1 paragraph 3) and p, because, in competition as above (Simeon and creating cutting edge material in the conduct of competition by agreement with the Testini) with misconduct relating to the function exercised by them, acting Simeon and Sharp among themselves, intimidating manner, arising from the circumstances and mode of conduct described in the above chapters, he took possession of the total amount of 5,000 € in cash, property of others, whether committed in the same circumstances under A), D) to the crime under Articles. 110, No. 9 cp 61, 73 paragraphs 1 and 6 of Presidential Decree 309/1990, because, in competition as above (Simeon and creating cutting edge material in the contest conducted in agreement with the head), with misconduct relating to function they carried out, illegally held a quantity of cocaine is not exactly determined, the offense was committed in the same circumstances under A), E) to the crime under Articles. 110, 615 bis, paragraph 3 cp, because the competition as above (Simeon and creating cutting edge material in the contest conducted in agreement with the head), with misconduct relating to the function exercised by them through the use of imaging tool audio-video, they got unduly images related to privacy of those who were inside the apartment mentioned under A), which were illegally introduced, as described in that chapter, the offense was committed in the same circumstances under A); Tamburrino: F) the crime under Articles. 61 No. 9, 648 cp, so that with misconduct relating to its function as a policeman on duty at the Police Station Rome Triumphal at the end to secure for himself and Simeon predicted, Sharp and Testini a profit, received, to make next trade, the video made in the circumstances of the previous head E) the offense was committed in Rome in the period between July and October 2009, G) to the crime di cui all’art. 361 comma 2 c.p., perché, avendo avuto notizia dei reati descritti ai capi A) - E), ometteva di farne denuncia all’Autorità giudiziaria; fatto commesso in Roma in epoca compresa fra i mesi di luglio e ottobre 2009;OSSERVADalle dichiarazioni finora rese dalle persone informate, da quelle delle persone indagate e dall’esito degli atti di perquisizione e sequestro eseguiti, i fatti possono essere così ricostruiti.Nei primi giorni del mese di luglio, alcuni militari dell’Arma dei Carabinieri in servizio presso la Compagnia Carabinieri Roma Trionfale, identificati negli indagati sopra generalizzati, realizzavano un filmato, che ritraeva Piero Marrazzo, mentre si intratteneva con un transessuale all’interno a house. In the movie (which was acquired a copy, probably in part) we can also see the white powder, which, for the characteristics, circumstances and the statements made, was very clearly in cocaine, and a card on which states the name of Marrazzo.Tale firstly from the statements made, in part agree, made by some of those involved in various capacities in the case. In particular: SCARFONE by Maximilian, a photographer with whom he had turned the Tamburrini, at the request of three colleagues, to help him identify individuals interested in buying the movie, from MASI PIZZUTTI Dominic and Carmen, respectively the owner and employee of the company Photo Masi, a photo agency in Milan at which the video was delivered by TAMBURRINI; by the same suspects, during the searches carried out in their carico.Conferma document is derived from the movie, a copy of which was found at the Photo Masi, and a train ticket to the Rome Termini-Milano Centrale, purchased via the Internet by Domenico Masi in the name of TAMBURRINI Antonio for the day 10.05.2009, a circumstance in which TAMBURRINI handed a CD containing the movie to the holder of Photo Masi; this trip report and SCARFONE PIZZUTTI.Sempre according to statements gathered, negotiations continued to sell video through photo agency and for this purpose copy of the movie, as reported by SCARFONE, was handed to representatives of some heads and blocks editoriali.Le statements made by people that the facts mentioned above are broadly in agreement with what have been reported by four soldiers in the negotiation phase of sale, they therefore possible to reconstruct with proven reliability, the attempts by the military to place the video in exchange for a huge price and the subsequent transfer of the movie. Are unreliable statements made by the Police as to the circumstances of creation and acquisition of the movie, which appear the result of a version for defensive purposes. In this regard, the defendants argued that the video would be their consegnato da tale CAFASSO Gianguarino, soggetto a stretto contatto con alcuni transessuali, deceduto per cause naturali nel mese di settembre 2009.Peraltro, il solo TAGLIENTE aggiunge un particolare ulteriore: secondo le sue parole, nei primi giorni dello scorso mese di luglio, egli stesso e SIMEONE furono avvisati dal CAFASSO che, presso un’abitazione romana, era in corso un festino al quale partecipavano alcuni transessuali. Recatisi sul posto e qualificatisi come Carabinieri, i due entrarono nell’appartamento e con asserito notevole imbarazzo riconobbero il MARRAZZO, il quale chiese di mantenere il riserbo sull’accaduto. Quindi i due militari si sarebbero allontanati, senza avere rinvenuto alcunché d’interesse per un’eventuale criminal investigation. Only later Cafasso had handed them a movie, also made on other occasions than that of their intervention, as was clear from the different physical characteristics of transsexuals portrayed in video.MARRAZZO examined by the prosecution on 21/10/2009, has made statements that enable you to achieve a precise reconstruction of the circumstances in which the film was made. It is hardly necessary to point out that this reconstruction is quite reliable even on the basis of an assessment of inherent logical consistency and reliability, compared to the reductive and contradictory versions made by the suspects. In fact, according to statements by the heads can be asserted that in a day early in July, while the above was staying in an apartment in the company of that Natalie, they enter two men who presented themselves as Police officers. The same, obviously with ways of intimidation, it did give the victim his wallet containing, in addition to a sum of money, identity documents and demanded a large sum, suggesting, in case of refusal, severe conseguenze.La victim refused to pay cash, but released three checks, the total amount of 20 thousand euro, however, before leaving, the two left a phone number, asking to be contacted, because they wanted more money. MARRAZZO adds that, once recovered their wallets, it lacked the sum of two thousand euro to keep you in addition, Natalie looked annoyed, as if the two had also seized a further sum of three thousand euro, which had been left on a table. According to these statements, in this room was also a white powder (which, as mentioned, is portrayed in the movie), that the witness identified as cocaine, though not particularly important uso.Ulteriore fact, the injured party refers, in Order the card, also portrayed in the video, which was not to place him in that position: it must be considered that the document was removed from the military, placed next to the powder, and intentionally movie. As for the video, the heads reported that they have noticed to be taken, but confirmed that the movie was made just the occasion when he was caught by the police. Finally, they were recognized, albeit with some uncertainty in the photographs of just SIMEONE (photo 5) and SHARP (photo 10). In fact it is given to identify the crimes of burglary committed by a public official, extortion, aggravated robbery, aggravated possession of drugs, aggravated unlawful interference with private life. As for the crime of which art. Cp 317, the Court observes that the demand for money and the subsequent delivery of checks, was in a situation of general intimidation, well expressed by the witness, in which, moreover, declared as the Carabinieri was added the presence of white powder, beside which, significantly, as was said, was positioned and picture identification card MARRAZZO. In this, the fear of being arrested, as stated in the examination, took a significant valenza.Quanto the robbery, the victim has reported they have found more money kept in the same portfolios that two soldiers had taken. The amount left on the table was removed. Given the circumstances of the facts, it seems appropriate evidence that the money was removed from the SHARP and SIMEONE, within a context of severe intimidation that arises in functional terms than a quella sottrazione. È appena il caso di osservare che a tale contesto di grave abuso è da ricondurre l’ingresso dei militari nell’appartamento, non potendosi riconoscere alcun rilievo, attese le circostanze e le modalità dei fatti, al fatto che fu la Natalie, sul momento, ad aprire la porta.Quanto infine alla sostanza stupefacente, il MARRAZZO ha dichiarato di essersi accorto "a un certo punto" della polvere; questa non c’era più quando la parte lesa lasciò l’appartamento. A ciò va aggiunto il fatto che la sostanza appare nel video disposta in file ben ordinate e senza sbavature, accanto ad una cannula per l’aspirazione, come a suggerire un’intenzionale messa in scena, effetto reso ancor more evident, as was said, the location of the card Marrazzo, that can not be considered random. It gives serious indications that the substance has been placed there and further removed from their military, as instrumental in the filming, which repeatedly lingers on the powder and tesserino.Ciò, moreover, is entirely consistent with the evident purpose intervention, premeditated and headed right to exploit the occasion. Finally, as the movie, which is also a predicate offense of receiving stolen property alleged to Tamburrini, it just said that it was definitely made with abusive mode, hidden from the present (in fact MARRAZZO not noticed it) as someone who was not lawfully admitted into the enclosure. It follows that the movie itself is the body of the offense under Article. 615 bis, since its author was improperly procured images with such conduct relating to privacy of the people depicted against the willingness of these. Indeed, according to what the Court of legitimacy, "the unlawful interference provided and sanctioned by the said Article. 615 cp is from the third party unconnected to privacy and not that of the subject, instead, is permissible, even extemporaneously, to join, while the recording subject is irrelevant, since the concept of 'privacy' is riferisce a qualsiasi atto o vicenda della persona in luogo riservato" (Cass. pen., sez.5, sentenza n. 1766 del 28/11/2007).Ne segue che, costituendo il video corpo del reato di cui all’art. 615bis c.p., la sua ricezione a scopo di profitto, con piena consapevolezza del suo contenuto e delle modalità della sua realizzazione (cosa che certo non poteva sfuggire al TAMBURRINO che lo aveva ricevuto dai colleghi) integra gli estremi del delitto di ricettazione.Quanto alla natura delle rispettive responsabilità, nulla vi è da aggiungere in ordine alla posizione del SIMEONE e del TAGLIENTE, che furono autori materiali dei reati descritti ai capi compresi fra A) ed E). Quanto al TESTINI, pur non avendo fatto egli ingresso nell’appartamento, However, most elements identify him as a competitor in the crimes, as the organizer and instigator of the two colleghi.Infatti, according to reports from SHARP (of statements about which there is no reason to doubt), Cafasso was confident of its track, the which thus proves to be the moment of contact with the world of transsexuals. In addition, the statements of the role of HEAD SCARFONE is of great importance, so much so that he was right to exercise its control before introducing them to the vision of movie.avi must reach different conclusions regarding the position of Tamburrini, to which the SCARFONE and colleagues attribute the minor role of co-accused person subsequently intervened in the marketing stage video.Così discusses the serious indications of guilt, it should be noted that there are specific elements that constitute a danger of escape of suspects on the board. It should first be stressed that the extreme gravity of the facts of this case, given the subjective quality of those suspects - members of the Carabinieri weapon - the quality of which, moreover, are clearly an advantage for the realization of the facts. The reconstruction of the event and the identification of perpetrators, there is no doubt that it can actually cause them to escape their pursuers, in view of the exceptional nature of the situation materialized, with predictable consequences, even protective; Under altro aspetto, l’esistenza del rapporto organico con l’Amministrazione militare di appartenenza non può costituire ormai adeguata remora alla fuga, in considerazione degli ovvi imminenti effetti disciplinari. Ma si ravvisano anche ulteriori elementi che rafforzano quel pericolo: la disponibilità di diverse dimore in luoghi differenti da quelli in cui essi prestano servizio; la disponibilità, in alcuni casi, di rilevanti risorse patrimoniali (si vedano sul punto le dichiarazioni di SCARFONE), che potrebbero agevolare la fuga; la qualità di appartenenti alla polizia giudiziaria, che da un lato li rende ben edotti dei prevedibili sviluppi di simili procedimenti penali, e dall’altro consente di costruire un’ampia rete knowledge (which evidently has favored them for the realization of the movie) at a very usable right now latitanza.Giova add that the other needs that may be available under Article. 274 epp. First, the real danger of contamination of evidence, since the attempt to reduce the scope of the facts with regard to the circumstances of creation and acquisition of the movie (which is an attempt to grasp given in the statements made by suspects) is expected to ask them to intervene on the witnesses and documentary evidence not yet acquired, also taking advantage of the quality of their rivestita.A this regard can not be considered random, the fact that on the morning of your October 21, that is a few hours after the completion of such searches, the cars of his ex-wife and daughter of MARRAZZO were made subject to acts of vandalism. In another aspect, the extreme seriousness of the event reveals a rare open-mindedness, to which is added to make a profit pursued: these circumstances are based on serious and real danger that more crimes are carried out, assisted by its special function and authority coated, which exploited for criminal can not but arouse considerable concern about the possible consequences of damage to collettività.Va finally called to reports from SCARFONE, which states that the military had made frequent reference to their many contacts in the criminal circles the city, so as to remain intimidito.PTM view of the art. Cp 384.; DISPONEil stop SIMEONE Luciano, Charles SHARP, TAMBURRINI Antonio, Heads Nicola, above all widespread, as described above in relation to the crimes ascribed to them respectively Heads B), C), D), F). Delegation 's enforcement officers to police the Carabinieri ROS-Central Services - The Department of Investigation with the authority subdelega.Roma, there Oct. 22, 2009, at 1.20 The prosecutor Giancarlo Capaldo. The Deputy Prosecutor Rodolfo Sabelli
