fined and reported, appeals

fined and reported, appeals
fined and reported, appeals
from Gianni Santucci

On the Italo 8160 high-speed convoy that left Reggio Calabria for Milan, the conductor checks a passenger sitting in carriage 7. The woman does not have a green pass and appeals. The Tar: matter for the ordinary judge

The rules recently introduced by an ordinance of the Ministry of Health (in particular the one that in large stations it requires checking the green pass before boarding the trains) also serve to prevent events such as the one of September 1st 2020 from happening, the very first day when the obligation of green certification was triggered for travel. The facts occur on the Italo 8160 high-speed train, which departed from Reggio Calabria with destination Milan, when the conductor checks a passenger sitting in carriage 7. The woman does not have a green pass: thus, at the Rome station, the railway police are alerted to contest the violation. And up to now nothing unpublished, because in the following months the same scene will be repeated several times between Milan and the rest of Italy. The story of last September 1, which emerges in a recent TAR ruling published on November 11, goes much further: the woman, after a long quarrel with the railway staff and the police, that day comes in fact reported for interruption of public service, a crime that includes up to one year’s sentence.

The tampon at home

The facts, in their scan, last about half an hour: in front of the police, the woman shows a photo of the report of a quick antigen swab she bought at the pharmacy and made at home (in self-diagnosis) the day before. The agents explain that that image printed on a sheet of paper, even if accompanied by a self-certification, does not contain any indication that can trace the examination directly to the person, nor clear evidence of when the swab was made. THE The policemen therefore tell the woman that the photo of the homemade tampon cannot replace the green pass and they ask her to get off the train because she can’t stay on board. They add that she will be fined.

Challenge of the crime

While these talks are taking place, several times for the conductor he invites the lady to take her luggage, otherwise the train cannot leave. However, the woman refuses, resists and lengthens the times in this way, so much so that the train is at least twenty minutes late. In the end, the passenger is convinced and agrees to take her suitcase down from the carriage, but later, when the train has already left, in addition to the administrative sanction relating to the green pass, the policemen also give her the records of identification and election of domicile because his boundless behavior in the criminal field, with the accusation of the crime for the delay he caused to the train.

The law

In the following days the woman with her lawyers presents a full-bodied appeal to the Tar to challenge both the sanction and the overall structure of the law because, according to his thesis, it would be illegitimate under a constitutional profile and in contrast with European regulations and treaties. For the moment, the Administrative Court has closed the question, arguing that the sanction must be contested before the ordinary judge and that constitutional compatibility cannot be brought before the TAR as a precautionary measure.

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November 17, 2021 (change November 17, 2021 | 07:20)


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