The crime of apologizing for fascism has been confirmed by the Italian Supreme Court of Cassation, but gives rise to a variety of interpretations.

The Roman salute is an apologia for fascism, the Italian Supreme Court ruled Thursday, January 18, but the constitution “opened” The Republic makes beliefs in this matter very fictional.

The country’s highest criminal court sat in Rome on January 7 after a rally in which hundreds of people gave fascist salutes in front of the former Roman headquarters of the Italian Social Movement (MSI), a party formed by supporters of Benito Mussolini. Second World War. The rally commemorates the murder of two teenage members of the MSI youth wing who were shot dead on January 7, 1978, during the lead years..

The Supreme Court of Cassation considers in its decision that the call ceremony, by which the participants in the fascist demonstrations respond “present”

as well “Roman Salute” – Outstretched hand – punishable by law.

These are rituals “Stirring gestures characteristic of a dissolved fascist party” After the Second World War and as they fall under the scope of Article 5 of the so-called “Scalba” law of 1952, the judges, who believe that the crime in respect of the monument is not clear if it is not proven that the people who operate it are fascists. Intends to revive the party.

“In Italy, we don’t punish opinions”

“It’s convenient”To approve, they add, “Considering the concrete danger of reconstitution of a dissolved fascist party”, an almost insurmountable obstacle according to lawyers interviewed by Agence France-Presse. However, another text can be invoked against such public demonstrations: the so-called “Mancino” law of 1993, which punishes acts of discrimination or violence of a racial nature.

To support their conclusion, the supreme judges ordered a new appeal trial in 2016 for eight activists convicted of giving a fascist salute during a memorial ceremony and in another case. For the lawyers of two of them, the decision of the Supreme Court of Cassation supports them. “In Italy, we don’t punish opinions”, rejoiced Domenico Di Tullio as quoted by Italian agency ANSA. The small neofascist group CasaPound welcomed “A Victory” While the president of the Senate, Ignazio La Russa, an admitted admirer of Mussolini’s statue, the court’s decision “Self-explanatory”

.

For his part, the Vice President of the National Association of Italian Partisans (ANPI), Emilio Ricci, sees it as one. “clarity” Able to convict neofascist activists. He has called on the court to prosecute those who took part in the January 7 rally. “I hope the prosecution convicts him of violating the Scelba and Mancino laws.”he said.

A variety of interpretations

Similar differences of interpretation emerged in the Italian media and on social networks. Some see it as a strengthening of the legal arsenal against a fascist resurgence, others believe that it will be as difficult to suppress them as before, or even more so.

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For constitutionalist Gaetano Azari, the Supreme Court of Cassation “Affirmation of Anti-Fascist Values” of the post-war Italian Republic. He also anchors “The Crime of Apology for Fascism” While leaving the terms of its application to the courts. In short a state of equilibrium, according to him.

Constitutional law professor Giulio Vigevani, for his part, believes that it will always be complicated to follow these facts based on the provisions of the Scalba law that suppress the pardon of fascism. “In 99% of cases, it is not possible to condemn based on the Roman salute alone. The Italian Constitution defends an open democracy that does not fear its enemies »He remembers.

The prime minister, Giorgia Meloni, co-founder of the post-fascist Fratelli d’Italia party, and a former member of the MSI, was strongly criticized by the opposition for remaining silent on the demonstration, images of which went around the world.

Also read: Articles are reserved for our subscribers In Italy, the memory of anti-fascists was abused

The world with AFP