On the other hand the circumstance of the use of the knife recovered in the room of Sollecito implies that such tool had been from the beginning took with offensive purpose. To this fact is also related the combined conduct of the couple that still at 8:40 PM, were at home together. The proximity of the places and the actual suspects makes the proposed scenario very believable, even if currently it is not clear if the sexual purpose was the only objective of the act . [end p 32] It results completely insignificant the observation according to which the presence of Sollecito would have been captured by a camera working along the path. Actually it is simple to reply that as the passage of Rudi Guede does not turn out to be reproduced by any camera, equally the same can be asserted for Sollecito, and such element is worth to strengthen the hypothesis of the combined passage of the two along the same way, outside of the sphere of observation of any camera. The probatory framework that has come to delineate is strengthened by the combined participation of the two fiancées, resulting illogical that one of the two remained external to the act, that has originated from an act of volition surely matured within the two. And therefore on the whole it has to be noticed against both the suspects the circumstantial seriousness of the evidence which supports and legitimate the application of preventive custody for the crime of homicide aggravated by concomitant group violence.

33 - It has actually to be emphasized how in the light of the most recent case-law guidelines and precisely in the light of a fundamental arrest of the Joined Chambers of the Court (cfr. Cass. Sez. Un. 30-5-2006, Spennato) it is not consented to refer to the seriousness of evidence as a fact quantitatively different from the one which would support the imposition of a sentence . The probability of sentence traditionally subtended to that judgment of seriousness today, therefore, postulates that the acquired material has a representative force correspondent to the one possessed by the necessary evidences in order to reach a sentence: from such evidences it only differs because the judgment is formulated on state of the proceedings, that is when it is still possible that it is progressively reached the acquisition of a novum, in the framework of an emerging collection, and because it concerns a material that reasonably waits to transform itself in evidence during the judgment, like a comedy already written by its author but not yet published. But it is a fact that the series of elements gradually analyzed designs a picture that effectively possesses, that representative force, currently in absence - of concrete alternative scenes, not supported, considered that not even the eventual appearance or disappearance of further personages could influence on the involvement the current suspects, scientifically supported, where do not emerge elements worth to make it appear radically incompatible.

34 - In relation to Amanda Knox subsist multiple precautionary necessities, such as to keep the maintenance of the intramural restrictive status. According to of the art. 274 point a) cpp it is configured a concrete danger for the acquisition and the authenticity of the evidence in the first place, since it is clear that in the phase in which, in execution of the European arrest warrant, return in Italy of Rudi Hermann Guede is awaited, places the problem to come without interference by the imminent acquisition of the defensive version of [end p 33] the aforementioned, on which the female suspect could directly or indirectly have an effect, if it is true that