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Tito Traversa Accident (Read 22163 times)

Dave Flanagan

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#50 Re: Tito Traversa Accident
August 26, 2013, 02:56:19 pm
Not the thread for it lads?

SA Chris

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#51 Re: Tito Traversa Accident
August 26, 2013, 03:34:32 pm
Probably not, sorry.

Nibile

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#52 Re: Tito Traversa Accident
August 26, 2013, 04:12:03 pm
What happened to Tito, for the Italian law, is an "omicidio colposo". That is, someone killed someone else without intention of killing, but because of negligence, imprudence, inexperience. Manslaughter.
In this case, it seems that there could be the inexperience of the person who assembled the draws incorrectly, and the neglicence of the adults who were there. The so called "culpa in vigilando".
It's useful to say that for the Italian law, both civil and penal, those under 14 years of age are presumed as incapable (incompetent?), so that even their expressed agreement towards a subject, has no legal relevance.
Classic example: if a 16 years old guy makes love with a 13 years old girl, with her agreement, by law it's a rape.
Even if Tito was very experienced, by the law he needed an adult's control.
Crimes against life, in Italy, are prosecuted as a matter of fact (is this the right term?), that is, without the need of any private action. Just because they happened. It's the superior statal interest to prosecute them.
So, the penal action, once it came out that there had been some kind of external responsibility, had to be started by law. It would have been different if Tito had assembled the draws personally.
What can or cannot be present, is the "civil action" in the penal trial. The victim - or his relatives - wants an economic compensation for the damage.
So, prosecuting all the people - from the manufacturer, to the seller, to the assembler, to the instructors - is due because at various levels each one of these persons were involved, at some stage, in the event.
At the moment, this means nothing for them in terms of guilt. Formally prosecuting them is a warrancy, because so they know they are being prosecuted and they can prepare their defenses. 
After the initial investigations, the prosecutor will evaluate which ones of those people, need to be formally prosecuted in Court, and which ones have clearly no responsibility.
I hope this helps.

SA Chris

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#53 Re: Tito Traversa Accident
August 26, 2013, 04:25:50 pm
Great knowledge, thanks.

hongkongstuey

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#54 Re: Tito Traversa Accident
August 30, 2013, 02:32:12 pm
Italian law intrigues and baffles me, Berlusconi seems to ultimately get away with most things he wants but scientists get prosecuted for failing to accurately predict earthquakes...  As someone who frequently works with geohazard assessment, its one place in the world i'd never work...

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#55 Re: Tito Traversa Accident
August 30, 2013, 03:31:29 pm
Berlusconi pays.

Jaspersharpe

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#56 Re: Tito Traversa Accident
August 30, 2013, 04:04:18 pm
My wife lived in Italy for a while and said the level of corruption and confusion at even a basic level of trying to get stuff done (utilities etc) was a nightmare but when you look at the (generally) hidden corruption here I'm not entirely sure which way is better.

At least it's out in the open there and nobody's kidding themselves that they live in a fair and just society. Our "envy of the World" British justice system still only works if you have enough money and aren't unlucky enough get on the wrong side of the filth / CPS / some big company or organisation.

Doesn't help the likes of those scientists or Amanda Knox but Ian Tomlinson, Paul Chambers, John Charles de Menezes, Simon Singh etc.

And is Burlusconi actually any worse than our lot who pretend to be doing what's right for the country while actually doing the bidding of those who've paid for them to get where they are? At least he paid for it himself and made no bones about the fact.

 :-\

Jaspersharpe

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#57 Re: Tito Traversa Accident
August 30, 2013, 04:06:25 pm
And sorry, this probably isn't the place for such a discussion. Completely forgot which thread I was posting on after reading Stuey's post.

slackline

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