Dpcm e Covid – «Uscire di casa in violazione di un Dpcm non costituisce reato». Non solo. Il Dpcm dell’8 marzo di un anno fa è «illegittimo». Perché – in sostanza – la «revoca della libertà di movimento al di fuori della propria abitazione è una sanzione penale restrittiva della libertà personale che viene disposta dal giudice che applica i rigidi presupposti previsti dalla legge».
A stabilirlo è una sentenza del 27 gennaio del tribunale di Reggio Emilia, diventata definitiva e che, quindi, non può più essere impugnata visto che i termini per farlo sono scaduti lo scorso 4 febbraio. Ma andiamo con ordine.
DPCM, una sentenza lo definisce illegittimo
La vicenda in questione risale al 13 marzo del 2020. Un uomo e una donna vengono fermati per un controllo dai carabinieri di Correggio, un paesino della Bassa Reggiana. Siamo in pieno lockdown. I due compilano l’autocertificazione. Lei dichiara di essere andata a sottoporsi ad alcuni esami clinici. Lui, di averla accompagnata. Uno spostamento motivato da una comprovata necessità di salute, tecnicamente in regola con le deroghe previste dal Dpcm.
Ma i successivi controlli dei militari portano alla luce un’altra verità: i due coniugi quel giorno non avevano effettuato alcun accesso all’ospedale. Entrambi quindi vengono denunciati non solo per aver violato le restrizioni previste dal primo Dpcm dell’ex premier Giuseppe Conte, ma anche per falso ideologico visto che avevano dichiarato cose non veritiere.
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