It wasn't racial hatred propaganda, but a criticism, however harsh and vulgar, of the actions of a state. For this reason, the preliminary hearing judge of the Cagliari Court, Claudia Sechi, ruled that the case was dismissed ("Because the act is not defined by law as a crime") against a 70-year-old Cagliari businessman, accused of spray-painting an offensive phrase against Israel on the perimeter wall of the Church of Santa Lucia on October 17, 2024.
The judge accepted the defense's arguments, represented by Adriano Sollai, which were partly shared by the prosecutor. During the hearing, the defendant explained that he harbored no hatred toward Jews, citing his friendships with Jewish people and his passion for Jewish culture, but that he had merely wanted to harshly criticize the State of Israel's behavior toward the Palestinian civilian population.
The principle expressed by the decision is that the penal code does not punish criticism of a state, even if harsh and vulgar, as racial hatred. The businessman, however, was forced to agree to probation for the crime of graffiti, while the much more serious charge of racial hatred propaganda was dropped.
