Is convicted more in custody in Switzerland?

A court sentenced Marco Toffaloni to 30 years in prison for a terrorist attack in Brescia. The neo -fascist was naturalized in Switzerland and cannot be delivered. He is not out of the tailor: he may have to serve the punishment in this country.

In April of this year, the youth court of Brescia Marco Toffaloni sentenced to 30 years in prison as an accomplice. The youth court is responsible for being a minor at the time of the bloodbath; The bomb exploded five days before his 17th birthday. The court saw it as proven that Toffaloni deposited an explosive device in a waste bucket with an accomplice. The first instance judgment is not yet final. Toffaloni’s lawyer has announced an appeal. The presumption of innocence applies.

The Toffaloni case also made headlines in Switzerland. The radio and television of Italian Switzerland (RSI) radiated two longer reports over it. The background: The alleged bomb layer has been in our country since the early 1980s. He married a Swiss woman, accepted her name and let herself be naturalized.

In 1989, the police searched his apartment in the canton of Schaffhausen at the request of the Italian authorities and found propaganda material. He, who was already a high school student with fascist ideas, was suspected of being a member of a neo -Nazi association and in several arson attacks and assassinations. An Italian court free to spoke him in 1995. For several decades he has lived under the name Franco Maria Müller in the canton of Graubünden. He divorced his wife.

Because of the Brescia attack, Toffaloni was targeted by the judiciary from 2010. A witness told the authorities that the Nuovo Ordine’s leadership had chosen Toffaloni to carry out attacks. And Toffaloni told him at a meeting in the 1980s that he was at the Piazza della loggia at the time. In April 2023, the Brescia youth attorney opened the procedure, two years later the conviction followed. Toffaloni stayed away from the process.

He lived from social assistance

There are numerous questions: did he go to Switzerland to avoid possible prosecution in his home country? The fact is: the Italian authorities asked for legal aid. In the past year, however, Rome announced that Switzerland announced that it could only transfer Swiss citizens to Italy with their consent. Italy could ask Switzerland to enforce any legally binding punishment against Toffaloni. Such a request would also have to be rejected because the act committed in 1974 was statute -barred according to Swiss law. So it looked that Toffaloni could escape the access of the judiciary.

But now there is a turn because the Federal Office of Justice again assesses the situation according to a reference from the SP Council and lawyer Carlo Sommaruga. At the request of CH Media, it wrote that terrorist acts were unsuccessful in accordance with the Criminal Code if the punishment on January 1, 1983 was not yet statute -barred under then. This is probably true for the Brescia attack from 1974.

This means: If Rome Bern asks to enforce the punishment against Toffaloni, he may end up in a Swiss prison. To do this, the responsible cantonal dish must come to the conclusion that the crime is not time -barred and the prerequisites for enforcing the punishment are met. The Federal Office of Justice states that it is not authorized to make a binding analysis and evaluation for a specific case. This task is responsible for the responsible courts.

According to the RSI report, Toffaloni never really found their feet and lived from social assistance for years at the expense of taxpayer. He often changed the address and telephone number. Knowns reported that he suffered from persecution and notes.