Reform of Italian Self Defense Law Effective – No Charges for Fredy Pacini

AmmoLand ^ | 16 April, 2021 | Dean Weingarten

[marktwain]

On 15 March 2021, Fredy Pacini, a 61-Year-Old tire and bicycle shop owner from Monte San Savino, Tuscany, Italy, was officially notified he would not be prosecuted for shooting and killing one of the intruders who had broken into his shop, at night, with a pick-ax. From newsrnd.com:

For the judge “it is reasonable that Pacini could have foreseen that, shortly thereafter, he could have found himself in serious danger of his life and that we feared for his safety. In addition, the fact occurred in the middle of the night, in an isolated area and that the police, even if they had been immediately alerted by the alarm system, would not have been able to intervene on the spot for 15-20 minutes “.

It was the first widely reported case to test the new Italian law on armed self-defense on your own property. Unione Sarda reported Pacini used a pistol he had retrieved from a safe to defend himself from the intruders. He was awakened to the sound of breaking glass a bit after three a.m. He fired five times.

Three of the shots hit the door frame. One-shot hit one of the intruders in the knee, the fifth shot hit the same intruder in the thigh, severing the femoral artery. The shot was fatal.

The prosecutor had asked the case to be dismissed, under the old law, in March of 2019. The prosecutor believed Pacini had met the criteria for legitimate self-defense. The judge in the case had rejected the request in September of 2020 and ordered more investigation.

The new Italian self-defense law was passed in March of 2019.

Pacini had his business broken into on 28 November 2018. His business had been broken

[marktwain]

Italy move closer to American/British Castle doctrine. Now, if only the UK would move in the same direction.

[Brooklyn Attitude]

“He fired five times. Three of the shots hit the door frame. One-shot hit one of the intruders in the knee, the fifth shot hit the same intruder in the thigh, severing the femoral artery.”

Needs more range time.

[Vaquero]

Problem with Italian law is there is no double jeopardy rules. A year from now they can change the law and indict again as in the case of Amanda Knox. Convicted. Spent 4 years in prison. Then acquitted and went back to America. Once their the prosecutor indicted her again for another retrial on the same offense . Of course she didn’t return to Italy for that one.