Is the Roman salute always a crime? What do the sentences say?

Roman salutes during the commemoration of the Acca Larentia massacre continue to fuel political debate, prompting discussion of Senate President Ignazio La Russa’s statements, obtained by Repubblica, clarifying the position of the Brothers of Italy. It also cited the Supreme Court’s statements “exonerating” the fascist salute in some cases, but only in certain contexts.

La Russa explained: “I agree with Mr. Fabio Rampelli that Fratelli d’Italia has nothing to do with these fascist greetings. It is no coincidence that the FdI youth organized a separate commemoration in Villa Glori. The classic ‘gift’ of comrades, but without the greeting” .

“Fascist salute? It’s not always a crime”

“If you want general information – continues the President of the Senate – I can say that I am curious to see what the Supreme Court will say. A decision is expected after a joint session. So far there have been conflicting decisions on this issue. Whether it was a crime to salute the Romans on the occasion of celebrating the deceased? “According to some decisions of the Supreme Court, it was not a crime, according to some, yes, so I think it is important to explain it from a legal perspective. , this is needed”. Because the apology for fascism is one thing, the re-establishment of the fascist party is another, the commemoration of the deceased is another.” The former Minister of Labor commented on the words that Democratic Party MP Andrea Orlando did not like. “We are fools who think April 25, 1945 is enough.”

Because everything will become clearer on January 18

In short, is it a crime to give the Roman salute or not? Responding to the reporter’s question, La Russa mentioned that the joint sections of the Supreme Court will meet on January 18 to resolve the interpretation dispute on the issue. The case to be examined is that involving eight neo-fascist CasaPound militants who reportedly performed the Roman salute in 2016 on the occasion of the commemoration of Sergio Ramelli, who was killed in Milan in 1975. He was later sentenced in the Court of Appeal to two months’ imprisonment and a fine of two hundred euros. The two rules that the judges resorted to in these cases are Article 5 of the Scelba law and the Mancino law of 1993, which punishes “those who, by words, gestures or by any means, organize public demonstrations ordinary for the dissolved fascist party.” Penalizing “outward displays, emblems, or symbols of movements conveying ideas based on racial or ethnic superiority or hatred.”

Supreme Court decisions

The decisions given by the Supreme Court to date have been contradictory, and in some cases the defendant was acquitted and in some cases the defendant was convicted. “Given the freedom of expression and free expression of thought guaranteed by the Constitution, manifestations of fascist ideology are not prohibited per se; they are prohibited only if they endanger the preservation of the democratic order,” the Supreme Court ruled in a 2018 decision. In another decision in 2023, it is explained that the Scelba law “states that it wants to prevent the reorganization of the closed fascist party, and that it does not aim to prohibit the expression of all kinds of thoughts protected in Article 21 of the Constitution, but on the contrary, it aims to prohibit the expression of thought.” “The usual manifestations of the disbanded fascist party, which can determine the danger one wants to avoid”. Expressing, in public, with words or gestures, that one essentially belongs to the ideology of twenty years, becomes a crime when it somehow turns into propaganda. Frankly, the limit is very thin and the analysis of the context becomes decisive.

Source: Today IT