Massimo Carrera (2 Viewers)

JuveJay

Senior Signor
Moderator
Mar 6, 2007
72,251
As far as I'm aware the girls were in a car which had an accident, they were stationary, then another car hit them at speed, then Carrera's car after that.

I've seen the pictures of their car and it is completely crushed at the back, so I'm not sure if they were out of the car and inspecting damage or they were sitting in the back of the car.

Carrera's defense say that he couldn't see the cars until too late to avoid the crash.
 

Jem83

maitre'd at Canal Bar
Nov 7, 2005
22,865
I don't know the rules in Italy, but here, unless you're under influence of alcohol and drugs, you don't go to jail.

Edit: Unless it's reckless driving, of course.
You learned :touched:

Reckless driving causing death could definitely lead to jailtime in the scandinavian countries (regardless of being influenced by alcohol/drugs), and I would imagine almost anywhere else in Europe as well. It's common.
 

JuveJay

Senior Signor
Moderator
Mar 6, 2007
72,251
Just read another source.

The girls were in a Ford Ka, which was hit hard by a Fiat Punto and flipped over. The Fiat Punto was then hit by a Mercedes R-Class. As the occupants were getting out of the cars Carrera in his Mercedes came up from behind and hit the Ford Ka, which it is alleged he couldn't see because the lights were off or damaged.

Other footage suggests that the danger was quite present at the time of his collision, which would explain any sentence. The drivers of the Fiat Punto and Mercedes R-Class were also charged.
 

Jem83

maitre'd at Canal Bar
Nov 7, 2005
22,865
Interesting.

Isn't there a coroner report of some sort? Probably very difficult to establish but; if it could be established that the girls died on impact when the Fiat Punto flipped the Ford Ka over, Carrera could not be convicted of culpable homicide, as the girls were already dead. He could only then be fined for reckless driving.

But in all probability it all happened very fast, and it probably can't be established which of the impacts killed the girls. They are viewing the incident as a whole. Hence he is dragged into the culpable homicide-case.

Medical science and technology could surely inform us of which of the hits were the cause of death, no?

You examine the two bodies, analyze where their heaviest damages are - the ones that had to have caused death - you compare it with where they were, how they sat in the car and with the first and second impacts of the cars that crashed into the Ford Ka. Provided that all facts on these matters are gathered, of course.

Although difficult, it should be possible to establish from that whether the heaviest injuries causing death had to have come from the Fiat Punto or Carrera's Mercedes.

- - - Updated - - -

Final point: I'm not disputing Carrera's recklessness, that's an entirely different topic. Recklessness on his part may or may not have been present. I know too little facts to have an informed opinion on that. But what I'm trying to illustrate here is that recklessness isn't enough, the recklessness has to be linked to death in order to be convicted for culpable homicide. Classic "cause/effect"-considerations will come into play, considerations we all know from other fields of science. Although the cause/effect-consideration in Criminal Law is based on legal principles (normative) rather than the ones from the natural sciences (descriptive), you still have to be able to say that Carrera's action was a condition (conditio sine qua non) for their death.

You have to be able to link Carrera's culpa to their death, like that.

Looking at the facts JuveJay posted, I think serious doubt could be cast on whether such a link exists.
 

Fake Melo

Ghost Division
Sep 3, 2010
37,077
Will Carrera serve his sentence in prison? I've noticed in several cases in Italy that the accused doesn't go to prison.

Carrera is kind of famous, surely he'll either get out much earlier, or not serve in prison at all?
 

Jem83

maitre'd at Canal Bar
Nov 7, 2005
22,865
Will Carrera serve his sentence in prison? I've noticed in several cases in Italy that the accused doesn't go to prison.

Carrera is kind of famous, surely he'll either get out much earlier, or not serve in prison at all?
No, you don't necessarily have to serve. It will be like what we in Norway call "betinget eller ubetinget fengsel" (conditioned or unconditioned sentence, for lack of a better translation). It depends on the severity of his actions and past criminal record. He probably won't go to jail, based on what I've come to know thus far. I'd have to have a look at the constitutive elements of the italian norm for culpable homicide to be absolutely certain, though. But most likely no, he will not serve time.

- - - Updated - - -

But if the verdict was to stand, he will technically and officially be a "killer" (not a murderer but a killer), and I can't see how Juventus would want a killer running around at Vinovo. He could be fired.
 

Fake Melo

Ghost Division
Sep 3, 2010
37,077
I hope he doesn't go to prison. After losing Stellini, I can't really see Juve firing Carrera tbh. He stepped up when Conte and Alessio weren't available, and it's time stand up for him and lets him keep his job.
 

Hængebøffer

Senior Member
Jun 4, 2009
25,185
Interesting.

Isn't there a coroner report of some sort? Probably very difficult to establish but; if it could be established that the girls died on impact when the Fiat Punto flipped the Ford Ka over, Carrera could not be convicted of culpable homicide, as the girls were already dead. He could only then be fined for reckless driving.

But in all probability it all happened very fast, and it probably can't be established which of the impacts killed the girls. They are viewing the incident as a whole. Hence he is dragged into the culpable homicide-case.

Medical science and technology could surely inform us of which of the hits were the cause of death, no?

You examine the two bodies, analyze where their heaviest damages are - the ones that had to have caused death - you compare it with where they were, how they sat in the car and with the first and second impacts of the cars that crashed into the Ford Ka. Provided that all facts on these matters are gathered, of course.

Although difficult, it should be possible to establish from that whether the heaviest injuries causing death had to have come from the Fiat Punto or Carrera's Mercedes.

- - - Updated - - -

Final point: I'm not disputing Carrera's recklessness, that's an entirely different topic. Recklessness on his part may or may not have been present. I know too little facts to have an informed opinion on that. But what I'm trying to illustrate here is that recklessness isn't enough, the recklessness has to be linked to death in order to be convicted for culpable homicide. Classic "cause/effect"-considerations will come into play, considerations we all know from other fields of science. Although the cause/effect-consideration in Criminal Law is based on legal principles (normative) rather than the ones from the natural sciences (descriptive), you still have to be able to say that Carrera's action was a condition (conditio sine qua non) for their death.

You have to be able to link Carrera's culpa to their death, like that.

Looking at the facts JuveJay posted, I think serious doubt could be cast on whether such a link exists.
This is why I asked for details - there're some factors we don't know about.
 

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