The greeting fascist, in a context ‘commemorative’, it is not a crime. This was established by the Court of Cassation canceling without postponement “Because the fact does not exist” the sentence on appeal of the four defendants in the trial for the facts of April 25, 2016. On that date they had gathered in Campo X of the Maggiore cemetery in Milan to commemorate the fallen of the Italian Social Republic, as every year, by making the Roman salute. They were in 300 (including the president of the “Loyalty and Action” association Stefano Del Miglio). Four were identified, then 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 subsequently led to the hearing in the Criminal Section V Court of Appeal, which re-qualified the fact by reporting thearticle 2 of the Mancino law and condemning the defendants to 2 months and 10 days of imprisonment. Having challenged the sentence, at the hearing on 12 October 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.
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