• Wed. Oct 27th, 2021

Fascist salute at the cemetery in Milan, for the Supreme Court it is not a crime


Oct 14, 2021

The fascist salute, in a ‘commemorative’ context, is not a crime. This was established by the Court of Cassation, annulling without postponement “because the fact does not exist” the condemnation on appeal of the four defendants in the trial for the facts of April 25, 2016. They gathered in field X of the Maggiore cemetery in Milan to commemorate the fallen as every year of the Italian Social Republic, at the time of the Present, they made the Roman salute. Among the 300 that day, including the president of the ‘Lealtà Action’ association Stefano Del Miglio, four were identified and investigated for article 2 of the Mancino law. In the first instance they were all acquitted because the fact does not exist, with redevelopment of the fact in article 5 of the Scelba law. The appeal proposed by the public prosecutor led to the hearing in the Criminal Section V Court of Appeal, which re-qualified the fact by bringing back article 2 of the Mancino law and sentencing the accused to 2 months and 10 days of imprisonment. ‘hearing on October 12 last discussed before the first criminal section, the attorney general requested the rejection of the appeal proposed by the defense, composed of lawyers Mario Giancaspro and Antonio and Radaelli, and the confirmation of the appeal sentence. At the end of the discussion, the Supreme Court agreed with the defense, annulling the appeal sentence without postponement because the fact does not exist. “We are satisfied with the result obtained at the hearing on October 12 – the lawyer Antonio Radaelli comments to the Adnkronos – We await the filing of the reasons to understand the logical process of the Supreme Court of Cassation”. (Di Silvia Mancinelli)