This does not apply retroactively grip on roadblocks decided with the recent Security decision. The Court of Cassation underlines this with sentence no. 37466 Criminal Part One was filed on Tuesday, November 18th. The court thus annulled without delay, due to non-existent facts, the sentence received at first instance and later upheld on appeal, against an environmental association activist, not respecting the expulsion order issued by the police commissioner in 2022.
The story
The Court of Appeal rejected all grounds for appeal, because the defendant had carried out repeated protest demonstrations. not announcedin particular by occupying, on two occasions, public roads, blocking traffic for about an hour on the Milan ring road, legitimizing the commissioner’s assessment of danger to public safety“Because this action can disrupt order and security and create conditions for disruption of public services, as well as preventing the transit of ambulances and other emergency vehicles.” The restrictions resulting from dismissal are considered proportional to needs community protection.
Supreme Court Orientation
However, the Court of Cassation upheld the appeal, stating that a general risk assessment alone was not enough. The meritorious judge in fact did not consider the provisions of the Criminal Code regarding compliance with permits (Article 1 paragraph 1 letter c), Law 159/2011 which only concerns subjects that cause disturbances to peace and security by committing “crimes”, and not acts that do not constitute criminal offences. In fact, the Court of Cassation, now recalling that decision, has always stated that belonging to this dangerous category requires that the subject has committed, on a non-occasional basis, “criminal facts”.
However, in cases that reach the Court of Cassation, in the commissioner’s provisions or in the sentence it is not stated whether the act mentioned in the decision is a crime or criminal act, because there is no report related to it.
«From their description, this is in fact a behavior that constitutes an administrative offense and at that time has no criminal relevance: the crime referred to in Article 18 of the Consolidated Law on Public Security Laws exists, in the case of an unauthorized public assembly, only if there is a specific action, which is not indicated against the applicant».
