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KOCHI: The Italian marines ordeal is expected to end soon as they stand to benefit from the statement issued by the victims’ kin after the compensation settlement made between them and Italy in the Enrica Lexie case.In a big relief to the marines, under custody in Poojappura Jail, the victims’ relatives made it clear that they don’t want the accused to be prosecuted.“In the name of Jesus we forgive the marines - chief master sergeant Massimiliano Latorre and sergeant Salvatore Girone - said to be involved in the incident. We pray to Jesus that the ordeals of the marines may end at the earliest,” the statement said. The legal fraternity believes that this could help the marines in fighting the case registered against them in Rome by Italy. “The compensation settlement would not make any impact in the criminal case registered by the police in India. Even after settling the claim, criminal case could continue against the accused. However, the statement may be helpful to the marines in the case registered against them in Rome,” said advocate V B Harinarayanan of United Maritime Law Chambers. Meanwhile, Italian maritime officials opined that according to Italian laws, civil liability (damages) and criminal responsibility must be kept separate and cannot be mixed or compensated with each other.“I’m not familiar with Indian laws. But according to Italian laws, civil liability (damages) and criminal responsibility must be kept separate and cannot be mixed or compensated with each other. Therefore, a settlement with the victim’s family can indeed be made and it would be perfectly legal, but that refers to the compensation alone. Basically, accepting a certain amount of money, the family releases the mariners from any civil liability, undertaking not to commence (or to abandon) any claim for compensation or damages. That does not, and cannot, affect the criminal aspect of the matter, which is kept alive till the final decision, and which might conclude with a ruling of acquittal or guilty (jail or pecuniary compensation),” said Nicola Ridolfi, law associate in Italy.
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