Carabellese Felice, Vinci Francesco, Catanesi Roberto
Sezione di Criminologia e Psichiatria Forense, Università di Bari, Policlinico Universitario, p.za G. Cesare, 70124 Bari, Italy.
J Forensic Sci. 2008 Nov;53(6):1450-4. doi: 10.1111/j.1556-4029.2008.00897.x.
On the night of August 19, 2000, at the foot of Castel del Monte, an 8-year-old girl was brutally murdered. The perpetrators were identified as five young men who captured their victim and sexually abused her. The policemen found the cadaver by following "Mario," one of the five, who had been discovered lying on the ground, near the castle. Investigation led to demonstrate that the murder was not premeditated. The only desire of the group was to sexually molest the little girl. Mario showed signs of psychiatric pathology and for that he underwent psychiatric evaluation by judicial authorities. Analysis of this case, combined with a criminological and medical-legal perspective led to conclusions very much different from the expectations of Mario's defense attorneys. Mario, a marginal figure and seemingly the least intelligent, played the role of group instigator, both in the initiation of sexually abusing the child, as well as in the elimination of an inconvenient witness. However, the group was able to activate Mario's sadistic fantasies and his sexual perversions, and he ended up in a catalyzing role influencing the behavior of others and realizing what would otherwise remain only fantasies. The circularity of the group allows people like Mario, who are apparently subordinate, to influence the behavior of others. Mario was found to have a mental disorder but it was not sufficient to diminish his personal responsibility related to the crime. In fact, according to Italian judicial code, it is necessary that the motivation for the crime was psychopathological. It was for this reason that, according to Italian law, all of the members of the group were considered to be responsible for the crimes committed and were condemned.
2000年8月19日晚，在蒙特城堡脚下，一名8岁女童被残忍杀害。行凶者为五名年轻男子，他们绑架并性侵了受害者。警察通过跟踪五人中的“马里奥”找到了尸体，当时他被发现躺在城堡附近的地上。调查表明这起谋杀并非预谋。该团伙的唯一目的就是性骚扰这名小女孩。马里奥表现出精神病理症状，因此接受了司法当局的精神评估。从犯罪学和法医学角度对该案件进行分析后得出的结论与马里奥辩护律师的预期大相径庭。马里奥是个边缘人物，看似最不聪明，却在性侵儿童行为的发起以及除掉碍事证人的过程中扮演了团伙煽动者的角色。然而，该团伙激发了马里奥的虐待狂幻想和性变态，他最终起到了催化作用，影响了其他人的行为，并将原本只是幻想的事情变成了现实。团伙的这种循环性使得像马里奥这样看似从属的人能够影响他人的行为。马里奥被认定患有精神障碍，但这并不足以减轻他与该罪行相关的个人责任。事实上，根据意大利司法法典，犯罪动机必须是精神病理的才行。正因如此，根据意大利法律，该团伙的所有成员都被认定对所犯罪行负有责任并受到了谴责。
