The First Criminal Section of the Court of Cassation has confirmed the conviction of Mario Roggero, a 72-year-old jeweler from Gallo di Grinzane Cavour, in the province of Cuneo, for the voluntary homicide of two robbers and the attempted homicide of a third. The sentence of 14 years and 9 months, set by the Court of Assizes of Appeal of Turin, is now final. The Public Prosecutor's Office at the Cassazione had requested confirmation of the sentence.

The facts date back to the afternoon of April 28, 2021. Three men with covered faces entered Roggero's jewelry store armed with a knife and a pistol later found to be a toy. The robbers threatened the merchant, his wife, and his daughter, seizing jewels and money from the safe. After completing the robbery, the three exited through the back of the shop to reach their getaway car.

It was at that point that Roggero took his legally owned pistol, chased the robbers into the parking lot, and fired several shots at the moving vehicle. In the incident, Giuseppe Mazzarino, 58, and Andrea Spinelli, 44, were killed. The third member of the gang, Alessandro Modica, who was driving, was wounded but survived.

The judicial proceedings saw a first-degree conviction by the Tribunal of Asti, which sentenced Roggero to 17 years, later reduced to 14 years and 9 months by the Court of Assizes of Appeal of Turin. In both instances, the hypothesis of legitimate defense was rejected. The defense argued that Roggero had acted in a state of putative legitimate defense, believing he was still in danger after the robbery. The judges, however, assessed that the robbers' aggressive action was already over when the shots were fired and that there was no current danger justifying the armed reaction. During the first-degree trial, the prosecutor defined what happened after the robbery as an "execution."

Following the ruling, Roggero announced through a video posted on social media his intention to turn himself in. "It is over," he said, stating he was spending his last minutes with family before going to prison. Roggero also appealed to his followers to carry forward a request for a law "against injustices and against increasingly widespread crime," adding: "You will be my voice."

The case has drawn political reactions. Deputy Prime Minister and Lega leader Matteo Salvini stated he considered the sentence unjust and appealed to the President of the Republic Sergio Mattarella to grant Roggero a pardon. Roberto Vannacci, leader of the Futuro Nazionale movement, organized a sit-in outside the courthouse in Rome and called for a revision of the regulations on legitimate defense. Salvini's appeal and Vannacci's initiative were joined by broader commentary on the adequacy of current legislation on self-defense, with calls from various quarters for parliamentary intervention to reform the discipline.

Roggero's lawyers, Stefano Marcolini and Sergio Rovani, expressed disappointment and said they would evaluate the reasoning of the ruling before considering further steps, including a possible appeal to the European Court of Human Rights in Strasbourg.

The discipline of legitimate defense is governed by Article 52 of the Penal Code, significantly modified by Law no. 36 of 2019. The norm provides that those who commit an act to defend their own or another's right are not punishable when compelled by necessity to repel an unjust aggression. The 2019 reform strengthened protections for those who react within their own home or commercial premises, introducing a presumption of proportionality in certain cases and the concept of "grave disturbance" to account for the psychological state of those who suffer a violent and sudden aggression. However, the reform did not eliminate the judge's role in evaluating the specific circumstances: the dynamics of the aggression, the behavior of those involved, the timing of the reaction, and the existence of a current danger at the time of the reaction remain central elements in determining whether the use of force is justified.