19 Jun apology for fascism

The apology of fascism, to assume the character of a crime, it must consist not of a laudatory defense, but in an exaltation that could lead to the reorganization of the fascist party. That is, the apology must be suitable for determining that result e, to ascertain this suitability, referring to the structure of the attempted crime, as configured by art. 56 c.p., it is necessary to assess whether the reported activity caused a real danger of a reorganization of the dissolved party. From this it follows that the criminally relevant apologetic conduct cannot be found in mere commemoration, but, if anything, in the exaltation of an exponent of fascism; while the commemoration consists in the memory of a character or an event, carried out in a public and / or solemn form, vice versa, the exaltation in a way to underline and dramatically expand aspects or characteristics of a whole, of an object, of an idea or a person, making them the object of praise and unusual admiration (Cass. 11576/21).