For the Roman salute, the Scelba law on the apology of fascism and in particular article 5 must be contested. This is the decision of the united sections of the Supreme Court which ordered a second appeal process for eight far-right militants who had performed the salute during a commemoration in Milan in 2016.
In the morning, the general advocate and judge of the Supreme Court Pietro Gaeta had argued that “the fascist salute falls within the punitive perimeter of the ‘Mancino law’ when it creates a concrete danger to public order”
The United Sections of the Supreme Court were called to address the issue after the first criminal section had transmitted, last September, documents in order to resolve an interpretative knot on the fascist salute.
For further information ANSA Agency What does article 5 of the Scelba law provide – News – Ansa.it “Whoever, participating in public meetings, carries out usual demonstrations of the dissolved fascist party or of Nazi organizations is punished with a prison sentence of up to three years and with a fine of between two hundred thousand and five hundred thousand lire. (ANSA)
In the provisional information the Supreme Court states that “the ‘call of the present’ or ‘Roman greeting’ is a ritual evocative of the gestures typical of the dissolved fascist party, it integrates the crime provided for by article 5 of the Scelba, where, having regard to all the circumstances of the case, is suitable to integrate the concrete danger of reorganization of the dissolved fascist party”.
Furthermore, the judges believe that “under certain conditions there may also be a violation of the Mancino law which prohibits “external or usual manifestations of organisations, associations, movements or groups which have among their aims the incitement to discrimination or violence for racial, ethnic, national or religious reasons. The two crimes can concur both materially and formally in the presence of the legal conditions”.
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