Judgment No. 16153 of 2024 and the crime of reorganizing the fascist party

The recent judgment No. 16153 of January 18, 2024, filed on April 17, 2024, has sparked widespread debate in legal circles. It concerns the configurability of the crime provided for by 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 matter of historical and legal significance.

Context of the Judgment

The case involved a defendant, M. C., accused of participating in a public meeting where the 'Roman salute' and the 'roll call' were performed. These acts, according to the Court, are not mere manifestations of a form of greeting but can represent signs of a desire to reintroduce fascist ideologies. The Court of Appeal of Milan, with its decision of November 24, 2022, overturned the first-instance judgment, requiring a more careful examination of the case's circumstances.

Public gathering - "Roll call" and "Roman salute" - Crime under Art. 5 of Law No. 645 of 1952 - Configurability - Concrete danger of reorganization of the fascist party - Assessment - Necessity - Concurrence with the crime under Art. 2 of Legislative Decree No. 122 of 1993, converted with amendments by Law No. 205 of 1993 - Configurability - Conditions. The conduct, carried out during a public gathering, consisting of responding to the "roll call" and the so-called "Roman salute," constitutes the crime provided for by Art. 5 of Law of June 20, 1952, No. 645, if, considering the circumstances of the case, it is capable of posing a concrete danger of reorganization of the dissolved fascist party, prohibited by the XII transitional and final provisions of the Constitution. It may also constitute the crime, of presumed danger, provided for by Art. 2, paragraph 1, of Legislative Decree 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 typical or usual of the organizations, associations, movements, or groups referred to in Art. 604-bis, second paragraph, of the Criminal Code (formerly Art. 3 of Law of October 13, 1975, No. 654).

Legal Principles Underlying the Judgment

The judgment under review 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, facilitate its restoration. Furthermore, the 1993 decree-law, converted into law, provides measures against manifestations that may express ideologies of hate. This is particularly relevant in a historical context where fascism was condemned and dissolved.

• Relevance of Context: The Court emphasized that manifestations of salute and roll call must be analyzed within their social context.
• Concrete Danger: It is essential that there be a concrete danger of reorganization for the crime to be established.
• European Legislation: The case law of the Court of Justice of the European Union has influenced how Italian criminal law addresses such issues.

Conclusions

Judgment No. 16153 of 2024 represents an important reference point in the fight against the reorganization of extremist ideologies. It highlights how criminal law must be 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.