Fulvio Croce
Born(1901-06-06)6 June 1901
Castelnuovo Nigra, Italy
Died28 April 1977(1977-04-28) (aged 75)
Turin, Italy
NationalityItalian
OccupationLawyer

Fulvio Croce (6 June 1901 – 28 April 1977) was an Italian lawyer. The president of the Turin Bar Association, he was killed by a terrorist group, the Red Brigades.

Biography

The great-grandson of Costantino Nigra, Croce was born in 1901 in Castelnuovo Nigra, in the Piedmont region. In 1924, he graduated in jurisprudence (Italian: giurisprudenza). After the Armistice of Cassibile of 8 September 1943, Croce joined the Alpini and the Italian resistance movement. He was elected president of the Turin Bar Association in 1968. In 1977, it began in Turin the trial against some members of the Red Brigades; they were Renato Curcio, Alberto Franceschini, Paolo Maurizio Ferrari, and Prospero Gallinari. At the first hearing of the trial, something totally new in Italy happened, as all the defendants refused to be defended by a counsellor and threatened death to any lawyer who would have accepted to be appointed as their counsellor by the court.[1]

The defendants contended that the court did not have the authority to judge them. During the first hearing, Ferrari read a statement on behalf of all the defendants. It said that "we proclaim ourselves members of the communist organization Red Brigades. And being communist combatants, we take jointly take the political charge of all the actions of the organization. Given that, we claim there is no legal ground for this trial. The defendants have no reason to defend themselves. On the opposite, the prosecutors have to defend the criminal and anti-proletarian practice of the infamous regime that they represent. ... To be clear, we repeat our counsellors' power of attorneys and we invite them to refuse any possible appointment ex officio ... ." Guido Barbaro, the presiding judge of the Turin Corte d'Assise (English: Court of Assizes), appointed Croce as counsellor of the defendants, in his capacity of president of the Bar Association. Although Croce was conscious of the serious danger, he accepted the defence and appointed as co-counsellors some other members of the Turin Bar Association Board of Governors; among them was Franzo Grande Stevens, who was charged of the defence of Renato Curcio.[2]

At the hearing of 7 June 1976, Grande Stevens, in accord with Croce, contended that Article 130 of the Italian Code of Criminal Procedure, which compels every defendant, even against his will and one charged of political crimes, to be defended by a counsellor, was unconstitutional. Grande Stevens contended that this article was in conflict with the European Convention on Human Rights, which gives everyone the right "to defend himself in person or through legal assistance of his own choosing" according to Article 6.3. He contended that to be represented by a lawyer is a right, not an obligation. The Court of Assizes rejected this claim of unconstitutionality, perhaps biased by the murder of a district attorney, Francesco Coco, by the Red Brigades occurred a few days before. Consequently, Croce and the other co-counsellors kept defending the members of the Red Brigades. On 28 April 1977, Croce was killed. Three men shot at him five times using a Nagant 7.62,[3] which was the same gun used to kill Carlo Casalegno. The Red Brigades revendicated the action through a phone call.[4][5] In leaflets, they stated: "On 28 April 1977 a commando of the Red Brigades has executed the state servant Fulvio Croce."[6][7]

Memory

On 5 December 1977, Croce received the Gold Medal Award for Civil Valour (Italian: medaglia d'oro al valore civile). The book Life of a Lawyer (Italian: Vita d'un avvocato) by Franzo Grande Stevens was published by Cedam in 2000. The Foundation Memorial Fulvio Croce (Italian: Fondazione dell'Avvocatura Torinese Fulvio Croce) was established in 2004.[8] In 2007, Rai Trade and the Turin Bar Association produced the documentary film Avvocato! Il processo di Torino al nucleo storico delle Brigate rosse (English: Lawyer! The Turin Process Against the Historic Nucleus of the Red Brigades). During some solemn commitment ceremonies and immediately after the ritual oath, the Council of the Milan Bar Association donated a copy of the film to each young new lawyer. The film was directed by Marino Bronzino.[1]

Since 2010, a courtroom in the criminal hearings of the court of Trento is dedicated to Croce and Giorgio Ambrosoli.[9][10] Since 2014, a courtroom in the Palace of Justice in Ascoli Piceno is dedicated to Croce, "a perennial remembrance, victim of terrorism". On 9 May 2016, a memorial plaque was affixed to the wall of the house in via Perrone 5, where the fatal attack took place, by the Municipality of Turin.[11]

On the fortieth anniversary of his death in 2018, the Criminal Chamber of western Piedmont remembered him as "a great lawyer who sacrificed his life in the name of the right to defense, an example for all citizens and also for us." A letter sent to its members read: "He was barbarously killed because he did his duty, because he honoured the toga, and served the state, thus implementing the Constitution."[12]

Honours

References

  1. 1 2 Borghesan, Luciano (4 May 2007). "E Torino sconfisse le Br" [And Turin defeated the Br]. La Stampa (in Italian). Turin: Editrice La Stampa [La Stampa Publishing]. ISSN 1122-1763. Archived from the original on 4 April 2012. Retrieved 20 February 2023.
  2. ↑ Barra Caracciolo, Francesco (19 December 2007). "Fulvio Croce: un eroe dell'avvocatura italiana" [Fulvio Croce: a hero of the Italian lawyers]. Il Denaro (in Italian). No. 237. Naples: Denaro Progetti [Denaro Projects]. p. 5. Archived from the original on 22 July 2011. Retrieved 20 February 2023.
  3. ↑ Tessandori, Vincenzo (1977). Br [Brigate rosse] imputazione banda armata [Br [Red Brigades] indictment armed band] (paperback ed.). Milan: Garzanti. pp. 322–323. ISBN 978-8-8117-3936-4.
  4. ↑ Tessandori, Vincenzo (2009). Qui Brigate rosse: il racconto, le voci [Here Red Brigades: the story, the voices] (paperback ed.). Milan: Baldini+Castoldi. pp. 305–306. ISBN 978-8-8607-3310-8.
  5. ↑ Spataro, Armando (2010). Ne valeva la pena: Storie di terrorismi e mafie, di segreti di Stato e di giustizia offesa [It was worth it: Stories of terrorism and mafias, of state secrets and of offended justice] (paperback ed.). Rome; Bari: Editori Laterza [Laterza Publishing]. p. 17. ISBN 978-8-8420-9300-8. Retrieved 20 February 2023 – via Google Books.
  6. ↑ "Fulvio Croce". Vittime terrorismo.it [Vittime Terrorismo] (in Italian). Turin: Associazione Italiana Vittime del Terrorismo (Italian Association of Victims of Terrorism). 2003. Archived from the original on 1 June 2008. Retrieved 20 February 2023.
  7. ↑ Rocci, Adriano (27 March 2007). "Trent'anni fa Fulvio Croce, alpino e avvocato veniva ucciso in un agguato delle Brigate Rosse" [Thirty years ago Fulvio Croce, Alpine and lawyer was killed in an ambush by the Red Brigades]. ANA.it (in Italian). Milan: Associazione Nazionale Alpini [National Alpine Association]. Archived from the original on 18 July 2011. Retrieved 20 February 2023.
  8. ↑ "Fondazione dell'Avvocatura Torinese Fulvio Croce" [Foundation of the Turinese legal profession Fulvio Croce]. Ordine Avvocati Torino (in Italian). Turin: Consiglio dell'Ordine degli Avvocati di Torino [Council of the Turin Bar Association]. Archived from the original on 14 October 2008. Retrieved 20 February 2023.
  9. ↑ "Ambrosoli e Croce, eroi normali morti per la giustizia" [Ambrosoli and Croce, ordinary heroes who died for justice], Trentino (in Italian), Trento: GEDI Gruppo Editoriale [GEDI Publishing Group], p. 18, 21 March 2010.
  10. ↑ "Un'aula dedicata a Croce e Ambrosoli" [A courtroom dedicated to Croce and Ambrosoli], L'Adige (in Italian), Trento: Gruppo editoriale Athesia [Publishing Group Athesia], p. 18, 21 March 2010.
  11. ↑ "Fulvio Croce, il cittadino galantuomo" [Fulvio Croce, the gentleman citizen]. CittAgorà (in Italian). Turin: Città di Torino [City of Turin]. 10 May 2016. Archived from the original on 3 June 2016. Retrieved 20 February 2023.
  12. ↑ "Quarant'anni fa omicidio avvocato Croce" [Forty years ago murdered lawyer Croce] (in Italian). Turin: ANSA. 28 April 2017. Retrieved 20 February 2023.
  13. ↑ "Le onorificenze della Repubblica Italiana – Croce Fulvio – Medaglia d'oro al valor civile" [The honours of the Italian Republic – Fulvio Croce – Gold medal for civil valor]. Quirinale (in Italian). Rome: Presidenza della Repubblica [Presidency of the Italian Republic]. Archived from the original on 20 February 2023. Retrieved 20 February 2023. Presidente del Consiglio dell'Ordine degli avvocati e procuratori di Torino, si distingueva, nell'assolvimento dell'incarico, per il profondo impegno, l'appassionata dedizione e l'alto senso morale. In un momento particolarmente delicato per l'integrità delle istituzioni repubblicane, noncurante delle minacce di morte ricevute, procedeva egualmente, onde non rallentare il corso di un processo, alla nomina dei legali d'ufficio per gli appartenenti ad una pericolosa organizzazione eversiva, dimostrando grande coraggio e assoluta fiducia nella forza della legge. Cadeva vittima di un vile attentato, sacrificando la vita in difesa dello Stato democratico. Torino, 28 aprile 1977. [President of the Council of the Order of Lawyers and Prosecutors of Turin, he distinguished himself, in carrying out his office, for his profound commitment, passionate dedication and high moral sense. In a particularly delicate moment for the integrity of the republican institutions, disregarding the death threats received, he proceeded all the same, in order not to slow down the course of a process, to the appointment of the court-appointed lawyers for the members of a dangerous subversive organization, demonstrating great courage and absolute faith in the force of the law. He fell victim to a cowardly attack, sacrificing his life in defense of the democratic state. Turin, 28 April 1977.]

Bibliography

  • Grande Stevens, Franzo (2000). Vita d'un avvocato [Life of a lawyer] (paperback ed.). Padoa: Cedam. ISBN 978-8-8132-5294-6. Retrieved 20 February 2023 – via Google Books.

Further reading

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