Retelegale is the result of the children of those in the legal profession with the aim of protecting the weak and those who, in general, is not in a position of equal bargaining. The
promote, sustain and support the initiatives of solidarity and social protection are just some of the goals is proposed pairing.
Consistent with the objectives pursued, Retelegale want, in the current framework, provide technical assistance to all the protagonists of the recent events which have given rise to the 'wave' student.
As our approach requires, we do not enter the merits of the case but we legal instruments that everyone can use. Identify the conduct prohibited and what is permitted under the interpretation of the law resulting from the examination of the best case.
Sull'arbitrarietà in the so-called "school occupation" by students.
The Court of merit and legitimacy has been expressed several times on criminal legality (or not) of school occupations.
By decision of 30 March 2000 the Second Chamber of the Court of Cassation has intervened on this point stating that: "It is not applicable art. 633 jobs to the student because this provision is intended to punish only the arbitrary invasion buildings and not any illegal occupation. .... The school building, also, though belonging to the state, not a reality alien to students who are not just visitors, but active subjects of the school community and therefore not considered to be configured their limited right to access the building school hours when the sun is scheduled school activity in the strict sense. "
This ruling has also the advantage of correctly identifying the time consumed and the conduct of the offense and makes a shrewd distinction between the time of the invasion of a building and that the stay is not permitted inside the space by providing that it is not possible assimilate the latter to the former as "when the legislature sought to characterize as criminal act arbitrarily in the permanence of a place, it did so with an express provision, conversely might be incurred in the forbidden analogy in malam partem."
Valuable is a reconstruction of the otherness of the property flooded in relation to school buildings. The Court rules states that under Presidential Decree No. 21.5.74 416 The school is a reality not foreign to students who contribute and contribute to its formation and its maintenance with the power and duty to cooperate in the protection and conservation of the same and does not seem to configure a limited right to access their only in the times when it is expected to be teaching in the strict sense.
In this Court ordered that the regulation provides that the offense under Penal Code 633 should be interpreted as the time invasion "any outside interference with violent way"
Other delivery of legitimacy helps in the reconstruction of the contours of the crime in question by establishing that: "The crime in question is one of the special situation of illegality: the objective fact of the arbitrary behavior, being a constituent element of the case, should return in the subjective element of the offense and the subject of representation, and volition on the part of the agent with the result that if the agent falls into error about the exact scope of a rule extrapenale, considering their behavior as legitimate, should be exempt from liability for lack of deliberate art. 47 paragraph III cp Since you have not been a positive element of the case "(as Cass. Sec. II, 17.5.1988, Oliva).
These rulings imply that the existence of a right for students to criticize based on their freedom of expression, thought and association in the school funding for students to exercise a right that would not only assumed the themselves, but that starting an objective ground of justification. On the interruption of public
service is different case in art. Cp 340 that where there is an overall agreement and a participation in protest actions on the part of teachers, principals, administrators, technical and auxiliary schools (ATA) may be integrated if students deliberately prevented the regular lessons.
To this end, the case law indicates more signifivcativa.
"If the so-called" occupation "of the school by students is done without invasive procedures, namely allowing the lessons and access of employees, it is an offense of interruption of public service, even if the activity Teaching takes place with difficulty and in the midst of confusion. Siena Court, October 29, 2001. "
"The temporary occupation of a school, although for union representation, incorporating the details of the case in art. 340 cp when the mode of conduct, designed to alter the normal development of the education service, go beyond the legitimate exercise of rights under Articles. 17:21 Constitution, damaging other interests guaranteed by the Constitution. "Penal Cassation, 03 July 2007, n. 35178.
10/31/2008
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