Falzone trial: Defense claims braking shows lack of intent to kill

The trial of Paolo Falzone, who drove his car into a parade of "gilles" in Strépy-Bracquegnies on March 20, 2022, killing seven and injuring dozens, is underway at the Hainaut Assize Court. All parties agree on Falzone's responsibility for the deaths and injuries, including his own defense, which acknowledges his "criminal" behavior, though not in a penal sense.

The central question for the jury is the legal qualification of his actions. The prosecution is seeking convictions for six murders, one assassination, and 81 attempted murders, carrying maximum sentences of 30 years for murder and life imprisonment for assassination. In contrast, the defense is arguing for involuntary manslaughter, which carries a maximum of five years.

Falzone's lawyer, Frank Discepoli, emphasized that while his client's actions are inexcusable and unforgivable, the court must remain impartial. He argued that the "unconsidered risk" taken by Falzone, who was driving at 174 km/h in a 50 km/h zone, does not equate to homicidal intent. Discepoli pointed to two key elements: Falzone's surprise at encountering the crowd and his attempt to brake.

Discepoli explained that Falzone's surprise is incompatible with a desire to kill, noting that while Falzone filmed his speed, he did not film the obstacles ahead. The lawyer also questioned why someone intending to kill would brake, even if it was too late, resulting in an impact speed of 105 km/h. Regarding one specific victim, Frédéric D'Andrea, the defense argued there was no proof Falzone accelerated to run him over after he fell.