|This article is an orphan, as no other articles link to it. Please introduce links to this page from ; try the Find link tool for suggestions. (November 2010)|
June 6, 1901|
Castelnuovo Nigra, Italy
|Died||April 28, 1977
Fulvio Croce, (June 6, 1901 – April 28, 1977) was an Italian lawyer, President of the Turin Bar Association, who was killed by the terrorist association Red Brigades.
He was elected President of Turin Bar Association in 1968. In 1977, in Turin, began the trial against some members of the terrorist association Red Brigades: Renato Curcio, Alberto Franceschini, Paolo Maurizio Ferrari and Prospero Gallinari.
At the first hearing of the trial something totally new in Italy happened: 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.
The defendants contended that the court did not have the authority to judge them. During the first hearing Paolo Maurizio Ferrari read a statement on behalf of all the defendants: "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 [...]".
The presiding Judge of the Turin "Corte d’Assise", Guido Barbaro, appointed as counsellor of the defendants, Fulvio Croce, in his capacity of President of the Bar Association.
Although Fulvio 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 there was Franzo Grande Stevens who was charged of the defence of Renato Curcio.
At the hearing of June 7, 1976, Grande Stevens, in accord with Fulvio Croce, contended that the Article of the Italian Criminal Proceeding Code that compels every defendant, even against his will and even one charged of political crimes, to be defended by a counsellor was unconstitutional. Grande Steavens 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" (Article 6.3). He contended that to be represented by a lawyer is a right, not an obligation. The "Corte d'Assise" rejected this claim of unconstitutionality (perhaps biased by the murder of a District Attorney, Francesco Coco by the Red Brigades occurred few days before). Consequently, Fulvio Croce and the other co-counsellors kept defending the members of the Red Brigades.
On December 5, 1977, Fulvio Croce received the Medal of Honor for his civil merit.
The book Vita di un avvocato (life of a lawyer) by Franzo Grande Stevens was published in 2000.
In 2004, it was constituted the Fondazione dell'Avvocatura Torinese Fulvio Croce (Foundation Memorial Fulvio Croce).
- Luciano Borghesan (4 May 2007). La Stampa, ed. "E Torino sconfisse le Br". Retrieved 10/7/2008. Check date values in:
- Francesco Barra Caracciolo (2007-12-19). "Fulvio Croce: un eroe dell'avvocatura italiana". Retrieved 2009-08-31.
- Associazione Italiana Vittime del Terrorismo (ed.). "Fulvio Croce". Retrieved 10/7/2008. Check date values in:
- Adriano Rocci (27 March 2007). Associazione Nazionale Alpini, ed. "Trent’anni fa Fulvio Croce, alpino e avvocato veniva ucciso in un agguato delle Brigate Rosse". Retrieved 10/7/2008. Check date values in:
- Presidenza della Repubblica (ed.). "Medaglia d'oro al valor civile". Retrieved 10/7/2007. Check date values in:
- Consiglio dell'Ordine degli Avvocati di Torino (ed.). "Fondazione dell'Avvocatura Torinese Fulvio Croce". Retrieved 10/7/2008. Check date values in: