BOLZANO. Exclude the aggravating circumstance of stalking (in light of the “lack of substantial connection between the persecutory conduct and the homicidal conduct”), grant the mitigating circumstances and that of “provocation by accumulation” (“murder is the explosion of a rage that has been brewing for days by a man who discovers he is being betrayed”) prevailing over the contested aggravating circumstance of having committed the crime against his partner. Alternatively, recognize the mitigating circumstances prevailing over the aggravating circumstances. In both cases, reducing the sentence to within the statutory minimum (21 years).
This is the request of the lawyer Massimo Dal Ben in the grounds of appeal of the sentence with which the Court of Assizes of Bolzano sentenced his client, Avni Mecja, to 24 years for aggravated homicide.
On the evening of October 22, 2022, in their apartment on Viale Trieste in Bolzano, Mecja killed his partner, Alexandra Elena Mocanu, with two hammer blows to the temple, then fled to Albania and returned to Italy to turn himself in the following day.
Dal Ben contests the Court’s failure to believe the defendant’s reconstruction: his story, the judges wrote in the sentence, would have been “functional to affirm a sort of mental blackout”, the so-called impulsive intent.
2024-09-13 02:02:37