For the Roman salute, the Scelba law on the apology of fascism and in particular article 5 must be contested. It is the decision of the united sections of the Supreme Court that they have a second appeal trial was ordered for eight far-right militants who had performed the salute during a 2016 commemoration in Milan for Sergio Ramelli, the young Youth Front militant killed in 1975. 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. 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 coincide both materially and formally in the presence of the legal conditions”.
Sources La Russa: “the ruling on the Roman salute speaks for itself”
“As a lawyer, the president had declared that he was “waiting with interest to know the outcome of the imminent decision of the joint section of the Court of Cassation” because he believed “clarity was needed”. Today he does not speak and limits himself to making it known that the decision of the Court of Cassation which annuls the sentence of the court of appeal and orders new trial “it speaks for itself”.
This is what we learn from sources close to the President of the Senate Ignazio La Russa on the decision of the united sections of the Supreme Court which ordered a second appeal process for 8 far right militants who had made the salute during a commemoration in Milan in 2016 for Sergio Ramelli.
The lawyer Romeo: “For the Court of Cassation, the Roman salute may violate the Scelba law and the Mancino decree”
“While waiting to read the reasons, the decision of the Court of Cassation can be summarized as follows: for the Roman salute to constitute a crime under the Scelba law it must be associated with the existence of the concrete danger of reorganization of the dissolved fascist party and, under certain conditions, the ‘salute fascist’ can integrate the crime foreseen by the Mancino decree. The two crimes can concur and this means that with the same gesture both the Scelba law and the Mancino decree can be violated”. Thus the lawyer Francesco Romeo comments on the decision of the United Sections of the Supreme Court.
“In light of the foregoing – he adds – the Milan sentence was annulled due to lack of motivation, in the new appeal judgment it will be necessary to evaluate whether those conditions have occurred for which, according to the joint sections, the Roman salute constitutes a crime according to the art. 2 of the Mancino decree”.
The ANPI lawyer: “Fundamental criteria established”
“It is a very significant position taken at the highest possible level, that is, by the United Sections of the Supreme Court”. This was stated by the lawyer Emilio Ricci, vice president of the ANPI, regarding the decision on the Roman salute.
“It is very important because it sheds light on these profiles that we have reported for some time – he added – Now some fundamental criteria are established that distinguish Roman greetings as an individual expression from those of a general nature with multiple people which recall all the signs and rituals of fascist type and which can be read as a reconstitution of the fascist party”. For Ricci it is “even more important with regards to the recent case of Acca Larentia on which the ANPI presented a complaint. The hope – he concluded – is that the Prosecutor’s Office will proceed, for those responsible, for violation of the Scelba law and left-handed”.
Casapound: “The Roman salute? We will continue to do it”
“Of course, we will continue to do the Roman salute.” Thus Casapound spokesperson, Luca Marsella, comments to ANSA on the Supreme Court’s decision to sanction the fascist gesture based on the Scelba law. “As already reiterated – he adds – we will continue to organize and attend Acca Larentia”.