ROME – The Court of Cassation ordered a second appeals trial regarding the sentencing of eight Casapound militants who made Fascist straight-armed "Roman" salutes at Sergio Ramelli’s remembrance ceremony in April 2016. The militants were initially acquitted and then later condemned for their actions.  

 This decision comes days after hundreds made Fascist salutes at the commemoration of the Acca Larentia 'massacre' in Rome, sparking considerable outrage and political debate. The Court of Cassation ruled that "the Roman salute is not a crime", on the basis that it is not an attempt to revive the fascist party or a discriminatory act. This ruling has been interpreted as meaning that in the case of the Acca Larentia the gesture was legal, however a police investigation is still ongoing.

 The Court of Cassation concluded that Fascist salutes are not illegal as long as they are not in violation of the Scelba law or the Mancino law. Article 5 of the Scelba law bans fascist demonstrations, the punishment being up to three years of imprisonment and a fine of the equivalent of between 200,000 and 500,000 old Lira. However, the law concedes that the circumstances must be considered and is only punishable when there is a "concrete danger to the renewal of the party system". This allows demonstrations in private and commemorative contexts. The more recent Mancino law allows the prosecution of those who incite hate crimes and outlaws racial, ethnic, and religious discrimination as well as banning any "external demonstrations" of discriminatory or violent organisations.

 Domenico Di Tullio, the lawyer for two of the Milanese militants, welcomed this ruling, stating that in the case of his defendants the gesture "is obviously not a crime". Casapound praised this decision as a "historical victory", saying "we will continue to do the Roman salute".

 khg