The Italian Court of Cassation has decided to once again overturn the life sentence for Davide Fontana. The man was convicted for the brutal murder and dismemberment of his former partner, Carol Maltesi, in January 2022. The case will go before the Court of Appeal in Milan for the third time, where the key point of contention remains proving the defendant acted with premeditation.
Overturning of Life Sentence
The Italian Court of Cassation has for the second time decided to overturn the life imprisonment sentence for Davide Fontana, the murderer of Carol Maltesi.
Dispute Over Premeditation
The main reason for the decision is the need to re-verify whether the defendant acted with premeditation, which impacts the severity of the sentence.
Return to Appeal
The case will go to the Court of Appeal in Milan for the third time, prolonging the criminal trial that has been ongoing since 2022.
The Italian justice system once again faces the challenge of definitively judging Davide Fontana, a 46-year-old former banker and food blogger who confessed to murdering 26-year-old Carol Maltesi. Cassation overturned the sentence condemning him to the highest penalty, deeming the defense's argument valid regarding insufficient justification for the elements of premeditation. The tragedy occurred on January 11, 2022 in the town of Rescaldina near Milan, when while recording a paid video, Fontana attacked the woman with 13 hammer blows and then delivered a fatal knife stab. After committing the crime, the perpetrator took drastic actions to conceal the evidence. For the following weeks, Fontana kept the victim's body in a freezer, then decided to dismember it into 23 parts. He also attempted to anonymously respond to messages on the victim's social media to create the illusion that Carol was still alive. The woman's remains were only found in March 2022 in Borno, leading to the man's arrest. The judges of the highest instance, considering the motion by lawyer Stefano Paloschi, ordered a "bis" appeal trial to more precisely examine the motives and planning of the act. Italian criminal law has been evolving for years regarding the definition of femicides and toughening penalties for crimes motivated by hatred of women, a consequence of numerous social campaigns and a growing number of brutal murders of partners. The wait for the third second-instance trial stirs immense public emotion, especially since the first verdict imposed a sentence of 30 years in prison, which was only changed to life imprisonment during the appeal. The current decision by the Court of Cassation means Fontana's legal status remains uncertain regarding the final penalty. The victim's family and organizations fighting violence against women anxiously follow the subsequent episodes of this legal battle, fearing that the failure to recognize premeditation will allow the murderer to avoid the harshest penalty provided by the code. „It was deemed necessary to re-examine the aspect of premeditation to ensure full consistency of the evidentiary material with the legal requirements for life imprisonment.” — Court of Cassation Chronology of the Crime and Trials: — ; — ; — ; — ; —
Mentioned People
- Davide Fontana — Banker and food blogger, perpetrator of the murder of Carol Maltesi
- Carol Maltesi — 26-year-old murder victim, also known in the adult film industry as Charlotte Angie
- Stefano Paloschi — Lawyer representing Davide Fontana before the courts