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Defamation. Chief editor spends 22 days of social services then is acquitted

The journalist Antonio Cipriani had been sentenced to five months imprisonment for omitted control. After the acquittal of the author of the article, his sentence was canceled

When the sentence of acquittal of his co-defendant arrived, Antonio Cipriani, former chief editor of the publishing house E-Polis, had already served twenty-two days of social services, with the constraint of not being able to leave the house from 22 pm to 7 in the morning and not leave the Lombardy region. Cipriani was sentenced by the Court of Oristano on July 2, 2014 to five months and ten days’ imprisonment for the offenses of omitted control and abetting defamation (articles 57 and 595 of the Criminal Code) for an article written by the journalist Enrico Fresu.

The article had been published in 2007 in the daily Il Giornale of Sardegna, one of the fifteen news outlets of the publishing house. The penalty for Fresu, found guilty of defamation, was instead of eight months’ imprisonment and a 1000 euro fine.

The choice by the former chief editor Cipriani not to appeal meant that the sentence would become immediately enforceable, to be served, following the objections of his lawyer Alfredo Brizioli, not in prison but in probation to social services, Office of External Criminal Execution of Milan.

The appeal of the co-defendant Fresu, acquitted by the Court of Appeal of Cagliari on December 10, 2014, allowed the lawyer Brizioli to plead, and see his request upheld by the same Court of Appeal, to cancel the penalty for Cipriani too, due to “the extensive effect of the appeal brought by Enrico Fresu”, as stated in the Ordinance.

Ossigeno had already covered the case in May.

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