Nencini sentencing report

The Nencini sentencing report has been translated into English by a team of independent, unpaid translators from PMF.org. This is an appellate level sentencing report. The Italian Supreme Court annulled the results of the first appellate court and remanded the case back down to the appellate level.

This is how the case has progressed, with links to the judgments:

Massei– First level/Trial Court

Hellmann– Perugia Appellate Court

Court of Cassation– Italian Supreme Court

Nencini– Florence Appellate Court

According to Knox’s own lawyer, Carlo Dalla Vedova, these are not retrials, but a “continuation of the same case on appeal.”

The Disclaimer from the translation of the Nencini sentencing report is after the break:

DISCLAIMER: This translation was done by a group of unpaid volunteers who are regular posters on the Perugiamurderfile.org message board devoted to discussing the murder of Meredith Kercher in Perugia, Italy, in November of 2007. The translation and editorial team was international in its make-up.

The resulting English translation is being provided for the sole purpose of promoting a better understanding of this complex case and to ensure that the facts are readily available to the English-speaking world without selective emphasis, misstatement or bias.

It has been translated on a “best effort” basis and has gone through multiple rounds of proofreading and editing, both to ensure its accuracy and to harmonize the language insofar as possible. Persons fluent in both Italian and English are invited and encouraged to contact PMF if they find any material errors that influence the meaning or intention of the judgment. All such corrections will be investigated, made as required and brought to the attention of the public.

As with any translation, some terminology in Italian has no direct equivalent in English. For example, the charge of calunnia has no direct equivalent in Anglo-Saxon law. Explanations have been provided where relevant. Similarly, readers are encouraged to submit any questions about legal or other concepts that may arise as they peruse the report. Our goal is to make the report as clear and as accurate as possible; to this end, it will be amended whenever doing so promotes this goal.

As the report was written and published in Italian, that language prevails in the event of a dispute over interpretation. This English-language version is provided for readers’ convenience only; accordingly, it is a free translation and has no legal authority or status.

This translation may be freely copied or otherwise reproduced and transmitted in the unedited pdf format, provided that the translation or excerpt therefrom is accompanied by the following attribution: “From the translation prepared by unpaid volunteers from http://www.perugiamurderfile.org to promote a better understanding in the English-speaking world of the circumstances surrounding the death of Meredith Kercher and the case against Amanda Knox and Raffaele Sollecito”.

Original version published on 7 October 2014 in memory of Meredith Kercher.

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2 thoughts on “Nencini sentencing report

  1. From what I have seen the charge of Calunnia is against bearing false whitness, and recieves a sentence for doing so.
    I hope Amanda Knox never steps one food into Italy again. They can call what is being done appeals all they want, but I think in the United States it would be called double jeopardy, and rightly so.

    • Yes, essentially the three years she spent in prison already is for the callunia charge.

      The US recognized the validity of the italian judicial process when it signed an extradition treaty. US federal extradition courts have never extended the US constitutional definition of double jeopardy to apply extra-territorially to judicial processes in sovereign countries. Simply stated, the US constitution does not provide protection to crimes committed and tried in foreign countries. You may as well argue that Iraqi law should apply to iraqi citizens tried in the United States; you will not get far with either argument.

      Even Knox’s own lawyer denies the trial is “double jeopardy”; its a “continuation of the same case on appeal.” Knox’s attempt at arguing double jeopardy fails in the face of statements from her own Italian lawyer. Knox’s acquittal happened at the appellate level, and according to one Italian expert Knox was well aware of the potential for the acquittal being overturned when she left the country.

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