The Supreme Court confirms the condemnations of the 6 people accused in the Thyssen process, including that of the former CEO. It also rejected the request of the Supreme Court Prosecutor to reopen a third appeal for a possible recalculation of the sentence. The decision of the Supreme Court confirms the sanctionative conclusions decided by the Turin Court of Appeals on 29 May, 2015, at the end of the second appeal that had polished the sentences on the recommendation of the Supreme Court.
In 2013, in fact, the Joint Sections had excluded the offense of failure to install the flame out system. In their view, it could not have prevented the tragic fire. So, the sentences to 9 years and 8 months in prison are now definitive for Espen Harald Hahn, 6 years and 3 months for Marco Pucci and Gerald Priegnitz, 7 years and 6 months for Daniele Moroni, the only defendant present in court, 7 years and 2 months for Raffaele Salerno, and 6 years and 8 months for Cosimo Cafueri.
After the sentences, Thyssenkrupp released a comment: “We take note, respectfully, of the judgment. The Italian courts faced the difficult task of criminally evaluate the tragic accident in Turin and its terrible consequences for our employees and their families. We express again – Thyssen’s note goes on – our condolences to the victims and their families. Thyssenkrupp is deeply pained by the fact that such a tragic accident occurred in one of its plants. We will do everything in our power for such disasters never to happen again.”
The families of the victims are moved. “This morning we have wept with rage, now we shed tears of joy because we can finally go to the cemetery to tell our loved that justice has been done, even if our pain will never disappear” Grace Rodino, Rosario Rodino’s mom, said. After excruciating agony, his fellow workers Giuseppe Demasi, Angelo Laurino, Roberto Scola, Rocco Marzo, Bruno Santino, and Antonio Schiavone died together with him. In her indictment, the prosecutor of the Supreme Court, Paola Filippi, with a brief speech in which no mention was made of either the victims or the severity of the accident, had asked to quash and remand the sentences to redetermine the punishments of all six defendants for the offense of multiple manslaughter. She had also asked to quash and remand to rebalance the assessment of the general circumstances in favor of the four accused. In her view, the sanctioning treatment did not necessarily have to be “reduced”, but “unfortunately, the Court of Appeals erred in its interpretation of the judgment of the Joint Sections.”
A point of view that seemed to have surprised even the panel of judges of the IV Criminal Section. The general prosecutor’s point of view, however, has not work with the judges. The four Italian defendants should form spontaneously in prison. Marco Pucci has already indicated that he will do so, the current manager in charge of Ilva subsidiary and commercial director at the time of the fire at Thyssen. For the two Germans, however, a European arrest warrant will be necessary, but it is possible that Germany will pave the way for a significant reduction of their sentences. “In Germany, the standard maximum sentence for multiple manslaughter is five years,” explained the lawyer Ezio Audisio, Espen Harald Hahn’s and Gerald Priegnitz’s defender. As a result of an agreement between Italy and Germany, which implements a Community framework directive, it is possible that the Germans will serve their sentences in their country, according to their standards, after proceedings before the Federal Court.