Italy’s judiciary and political discourse have been focused on whether imitating a fascist salute or raising an arm in a Roman gesture constitutes a crime when there is no clear evidence of a real intention to revive fascism. A decision announced this week by the Joint Divisions of the Supreme Court, the Italian equivalent of a country’s highest court, signals that prosecutors may face challenges pursuing such cases unless there is concrete proof of intent. The court’s move follows intense public debate sparked by far-right groups and political figures, including Ignazio La Russa, the president of the Senate and a leading member of the post-fascist Brothers of Italy party led by Giorgia Meloni.
Individuals who have mimicked the fascist salute or engaged in similar demonstrations have repeatedly faced legal scrutiny. In Italy, apologizing for fascism is criminalized, a point at the heart of ongoing legal questions. With a history of conflicting sentences over these gestures, the Supreme Court decided to seek guidance from its Joint Divisions, whose mandate includes harmonizing judicial interpretations across different jurisdictions when there is confusion about how laws apply to specific actions.
As a result, the Court clarified that such acts may not automatically become a criminal matter. While it was noted that executing a fascist salute could be prosecutable if it were tied to Benito Mussolini’s explicit motive to rebuild his party, the court ultimately refrained from a broad ruling. The interpretation is left to the judges, who must assess each situation on its own terms, according to jurist Raffaele Bifulco, a professor at Luiss University in Rome. In summary, the decision suggests there could be a criminal dimension in certain contexts, but proving it will require clear evidence of intent, a point echoed by legal observers.
Joy on the far right
The practical impact, based on what is known so far, is that the court’s decision centers on the case against eight far-right militants. The case involves a person who saluted at a 2016 commemorative ceremony in Milan, and legislators will need to decide whether this ruling will also apply to those recently arrested for similar gestures. The gesture was tied to a broader commemoration that touched a controversial memory of a violent episode in 1978, which sparked a wave of anger across Italy.
Initial reactions from far-right groups have been cautiously celebratory. Kazapound, a small far-right formation, said the decision ends a drawn-out controversy surrounding commemorations. The group, which has no parliamentary representation, framed the ruling as a vindication and criticized those who continue to call for harsher punishment for participants in memorial events that they view as historical exercises rather than incitement to violence.
Criticism of Russia
The discussion also featured prominent voices from the right, notably Ignazio La Russa, who has argued that giving a fascist salute can be a crime. He viewed the Supreme Court’s statement as an endorsement of a narrow, evidence-based approach to evaluating intent rather than a sweeping condemnation of all gestures associated with fascism. The debate drew further international attention when critics of the Kremlin, including Russian officials, interpreted the ruling as a signal about Italy’s handling of historical gestures.
In public commentary, some observers urged caution about framing historical memory through a punitive lens. They argued that lawful, peaceful acts of remembrance should not become legal minefields simply because a symbol carries loaded historical baggage. Others contended that Italy must remain vigilant against expressions seen as rehabilitating a violent past while balancing civil liberties with the protection of democratic values.