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Here are the hypotheses and examples to dissolve the fascist groups

2021-10-12T07:39:13.575Z

Applied to the New Order, it cost the life of Judge Occorsio (ANSA) It is the Constitution, or rather its XII transitional provision, which prohibits the reorganization , in any form, of the dissolved Fascist party . This law was implemented in 1952 by the Scelba law, commissioned by the De Gasperi government in years of great social tensions and then modified in 1975. Almost 20 years later, with the Mancino law of 1993 , the framework of the rules that punish co



It is the Constitution, or rather

its XII transitional provision, which prohibits the reorganization

, in any form,

of the dissolved Fascist party

.

This law was implemented in 1952 by the Scelba law, commissioned by the De Gasperi government in years of great social tensions and then modified in 1975.

Almost 20 years later,

with the Mancino law of 1993

, the framework of the rules that punish conduct attributable to fascism and racism was completed.

The Scelba law sanctions anyone who promotes or organizes the constitution of an association, a movement or a group that pursues "anti-democratic purposes specific to the fascist party, exalting, threatening or using violence as a method of political struggle or advocating the suppression of freedoms guaranteed by the Constitution or by denigrating democracy, its institutions and the values ​​of the Resistance, or by carrying out racist propaganda ".

Or who publicly exalts exponents, principles, facts or methods of fascism or its undemocratic aims.

Conduct that is punished with prison sentences, fines and bans from public office.

Article 3 of the law governs the dissolution of these groups.

And there are two hypotheses foreseen

. We need a sentence from the judiciary that has ascertained the reorganization of the dissolved fascist party: in this case it is the Minister of the Interior, after consulting the Council of Ministers, who orders the dissolution and confiscation of the assets. Or the government can directly provide for the dissolution with a decree law, but only in extraordinary cases of necessity and urgency.

So far the end of fascist movements has been decreed following judgments of the judiciary

. This is what happened

for the New Order

, the far-right movement that was born in 1969: in November 1973 it was dissolved by the then interior minister Paolo Emilio Taviani, at the end of the process for the reconstitution of the fascist party, which ended with heavy condemnations of its leaders. A sentence that cost the life of Judge Vittorio Occorsio, killed by Pierluigi Concutelli in Rome on 10 July 1976 in an ambush claimed by the New Order. In that same year, again following a trial,

the dissolution of Avanguardia Nazionale, founded by Stefano Delle Chiaie

.

In the 1950s, the Scelba law passed the scrutiny of the Constitutional Court several times: in a ruling of 1958, however, the Council specified that the law must be reconciled with the constitutional right to freedom of thought, whose compression can only be admitted when it is the danger to the democratic order is "concrete". 


Source: ansa

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