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José M.
José M., Attorney
Category: Italy Law
Satisfied Customers: 5687
Experience:  Spanish Attorney
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Customer Question

Hello Hope you can Help I have been living and working in Uk for over 20 years and an Italian citizen During the summer 2011 I had a terrible sailing accident in UK in wich my friend lost his life. Months later at the inquest the Coroner declared it an Accident. I've received a letter a month ago fro the Italian authorities and it seems that they want to take me on trial over there accused of second degree murder. I really feel something is wrong and I am terrified to face the justice there. Starting from the fact that the sister of my deceised friend didn't show any recognition for my friendship with her brother. At the inquest she was trying to make her brother look like a guy afraid to get a lift in the car and in reality he was an experience globe trotter. Off course who whould be afraid to go on trial in a country that have daily serious issues with their judicial system and corruption very top of the financial and political leadership. Talking with lawyers there just made my fears materialize. Truly lost X.X.X.

Submitted: 3 years ago.
Category: Italy Law
Expert:  ajlaj01 replied 3 years ago.

Thank you for your question and welcome to Just Answer.

Have you discussed this matter with the UK police?

Generally murder is an extra territorial offence. However confirmation from a police force in one country should sufficient not to progress charges.

I look forward to hearing from you.

Kind regards

Customer: replied 3 years ago.

Dear AJ


Thank you for the advise but:


In italy they are trying to get me on their net and you can trust me when I tell you that there the rules from UK or EU are not even taken as an advise. Racism in Italy is the rule not the exception or the crime!


To give you an Idea think of the EU ruling that the governments have to pay private companies for their services, within a month from when the invoicing... most often one year if they are lucky and at the moment there have been an important number of suicide of company owners being asked taxes for earning they never made because the Government was their client and didn't pay a penny. Only the council of Alessandria own over 20 millions to local companies.

To help me you should keep in consideration the reality of Italy and please keep in mind that, at this point, I am more than ready to give up my Italian citizenship that they will probably use as a lever to get me there.

One layer in Italy said that normally they get you using the millions of laws and regulations in name of Justice then, proven guilty they attack you with the civil law and go for the money. And confirmed all my fears.

If I was rich, powerful, well connected and dishonest I would prefer by large to be persecuted in Italy. I could probably delay the trial till it expires as it happen in millions of documented cases.

But I am not.. I am just a guy that had a terrible accident and misfortune, and lost a friend trying to swim/drag him to safety.


Please see:


Anyone who attended the 3 Hours Inquest would admit that by law and by human decency I should not be held responsable for Luca's death.

The simple fact that they are progressing charges against myself is immoral and unlawfull by itself.

As I have not previous convictions, they perfectly know that I will not make a single day in prison, so I guess is all about money and that makes things even more immoral, for money you don't drag a guy who had such a terrifying experience into it again.


Please can you give me any more in depth help.




Expert:  WendyW-Mod replied 3 years ago.

Hi, I am a moderator for this topic. It seems the Professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new Professional to assist you right away, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!

Customer: replied 3 years ago.

Yes please I wait.


As I've said I do not have the money necessary, to defend myself over there in Italian fashion, and I need to know if anything can be done from here.


Is a terrible situation because the general perception here is that Italy still is a nice, civilized EU country - have a chat with most Italians you will ear a very different story.


When I meet friends from the UK, they ask me: How is Berlusconi? Yes because they know only his name and latest news! Otherwise they would ask me for the all clan and their too many servants.


I've contacted the Coroner office and they kindly put me in touch with the Detective who took care of the case.

I follow this path as advised in your first reply and keep you updated

but please follow my case a little deeper because they sound as surprised as myself of what is going on.


Best Regards







Expert:  WendyW-Mod replied 3 years ago.

Thank you for your patience, Ezio. We will continue the search for a Professional for you.


Expert:  José M. replied 3 years ago.
Hi there

You are right, and you have base to be worried for the italian justice
Justice becomes what you could pay and you are a foreign people there, so you have two hard problems if you go

As long as UK its not going to expatriate you, as a brithish citicen, to Italy even if they ask, your risk its no to go out of UK

They can put an international order to extradiate you to Italy to put you in front of one of his judges and there are a lot of countries which obey this order

So there are two ways for you

No to gou out ok UK

To find a italian attorney who make and arregment with the italian fiscal without a criminal action, even when you declares some kind of gilty behavoiur and to be sentenced without to have into jail and to get just a money penalty

In no case I recomend you to go to Italy if you are not sure of the result in advanced, as you perfectly know your waranties there are very small

I will be here if needed, best regards
Customer: replied 3 years ago.

Thank You for your advise


but just one more point because what I really need is to find at least one law that will protect me for sure rather that hope in the clemency or protection of the UK Government.

This is why:

I've called a barrister expert in Immigration law in the UK

and it turned up that a request of UK citizenship could be refused to me just on the ground that I had a minor fine for speeding and three points on my driving license (40 mph instead of 30 mph taken on the outskirt of Edinburgh in a large road - nobody around in the late afternoon - totally ridiculous!!!!).

Now let's add to it being investigated by the Italian Justice for II degree Murder and you can do the math.


Now, after 20 Years paying taxes in the UK I now find myself to be "not good enough" to be a British citizen - In Italy, the police in the town of my deceased friend is trying to prove me a murder, ignoring completaly the verdict of the UK Inquest. Shot by both sides!!!!


Let's keep in Mind that:

This is all about money! because with my clean record there is no way that I am going to do a single day in prison and they all know it very well.

For start... 4000 Euros (hardly earned in UK) are already going to my lawyer in Italy. The guy on my side! and this just in case that we get to a quick archiviation of the all matter.


What I would like to know is: Is there a Law out there that give me at least right to a retrial in UK as the accident happen here under UK law?

or some other law that will protect me from the absurd situation I find myself into?

Can I ask that, as I have been proven to do NO WRONG by a UK Coroner, their attemp to persecute me must be only in the name of Justice and guarantee me that there are not, an there will be not the underlying reason to get money out of me?.


Can I go to the European Court and accuse them of unlawfull useless persecution and suck them dry myself as they are clearly trying to do with me!

Is it possible that a EU country can overwrite so easily what already established by the Justice system of another country? In this way could I be investigated and tried in every single country in EU until some of them will find me guilty?


This is not Law anymore... This is a bad Joke or the New Saint Inquisition!


I feel like an insect stuck in a spider web and both friend and enemies, are going to suck the hard deserved fruit of my work until they are pleased or when I am dead dry.

All in name of a Justice!!!!!


Thank you so much for any help about this!


Best Regards

Expert:  José M. replied 3 years ago.

I am sorry to say that if you are NOT a UK citicen now you can be extraditated to Italy

There its no law which defend you against it

For sure the matter its harder now as you are not british citicen

For sure its not going to be cheap, because you need to contract the best italian attorney you could pay and to try to manage an arregement with the Italy fiscal there

There will be a penalty for you, its not going to be cheap, for sure, but i think its the only way, to get an arregment

Thank you

I am sorry for your case, its almos the same what has happend in Cuba lately with our young politic who has been in jail there for three months

Ber carefull, you are on serius problems, try to get an arregment asap

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