The ruling no. 16153 of 2024 and the crime of reorganization of the fascist party

The recent ruling no. 16153 of January 18, 2024, filed on April 17, 2024, has sparked extensive debate in the legal field. It concerns the configurability of the crime provided for in Article 5 of Law no. 645 of 1952, particularly in the context of a public gathering. Through this decision, the Court reiterated the importance of assessing the 'concrete danger of reorganization' of the dissolved fascist party, a topic of historical and legal relevance.

The context of the ruling

The case involved a defendant, M. C., accused of participating in a public gathering where the 'Roman salute' and the 'call of the present' were performed. According to the Court, these acts are not mere expressions of a greeting but may represent signals of a desire to reintroduce fascist ideologies. The Court of Appeal of Milan, in its ruling of November 24, 2022, annulled the first-instance ruling, calling for a closer examination of the circumstances of the case.

Public gathering - “Call of the present” and “Roman salute” - Crime under Article 5 of Law no. 645 of 1952 - Configurability - Concrete danger of reorganization of the fascist party - Verification - Necessity - Concurrence with the crime provided for in Article 2 of Decree Law no. 122 of 1993, as amended by Law no. 205 of 1993 - Configurability - Conditions. The conduct, held during a public gathering, consisting of responding to the "call of the present" and the so-called "Roman salute," constitutes the crime provided for by Article 5 of Law no. 645 of June 20, 1952, if, considering the circumstances of the case, it is capable of reaching the concrete danger of reorganization of the dissolved fascist party, prohibited by the XII transitional and final provisions of the Constitution, and may also constitute the presumed danger crime provided for in Article 2, paragraph 1, of Decree Law of April 26, 1993, no. 122, converted by Law of June 25, 1993, no. 205, if, taking into account the overall factual context, it is expressive of a manifestation proper to or usual for the organizations, associations, movements, or groups referred to in Article 604-bis, second paragraph, of the Penal Code (formerly Article 3 of Law of October 13, 1975, no. 654).

The legal principles underlying the ruling

The ruling in question is based on several fundamental principles of Italian criminal law and the Constitution. Article 5 of Law no. 645/1952 expressly prohibits the reorganization of the fascist party and establishes penalties for those who, in any form, promote its restoration. Furthermore, the decree law of 1993, converted into law, provides measures against manifestations that may express ideologies of hatred. This is particularly relevant in a historical context in which fascism has been condemned and dissolved.

  • Relevance of context: The Court emphasized that gestures of greeting and calling must be analyzed in their social context.
  • Concrete danger: It is essential that there is a concrete danger of reorganization to configure the crime.
  • European legislation: The jurisprudence of the Court of Justice of the European Union has influenced how Italian criminal law addresses such issues.

Conclusions

The ruling no. 16153 of 2024 represents an important benchmark in the fight against the reorganization of extremist ideologies. It highlights how criminal law must serve as a bulwark against the restoration of totalitarian systems and how any manifestation of this type must be carefully scrutinized. The Court's decision invites reflection on how law can and must intervene to protect democratic and republican values in a historical context where the scars of the past are ever-present.

Bianucci Law Firm