For the Roman salute, the Scelba law on the apologia of fascism and in particular article 5 must be contested. It is the decision of the united sections of the Court of Cassation which ordered a second appeal process for eight far-right militants who had performed the salute during a commemoration in Milan in 2016.
In the provisional information the Supreme Court states that "the 'call of the present' or 'Roman salute' is a ritual evocative of the gestures typical of the dissolved fascist party, it integrates the crime provided for by article 5 of the Scelba, where, having regard to all the circumstances of the case, is suitable to integrate the concrete danger of reorganization of the dissolved fascist party".
Furthermore, the judges believe that "under certain conditions there may also be a violation of the Mancino' law which prohibits "external or usual manifestations of organisations, associations, movements or groups which have among their aims the incitement to discrimination or violence on racial grounds, ethnic, national or religious. The two crimes can occur both materially and formally in the presence of the legal requirements".
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