The act does not constitute a crime. With this reasoning, Judge Nicola Caschili, presiding judge of the Lanusei Court, acquitted Ottavio Piras, 52, of Seui, of the charge of apologia of fascism. He had been tried for violating Article 4 of the 1952 law.
The events date back to April 25, 2020, Liberation Day, during the COVID-19 pandemic lockdown . While all of Italy was locked down, Piras drove his car through the streets of Seui, blasting "Faccetta Nera," a 1935 propaganda anthem beloved by those nostalgic for the fascist dictatorship. To commemorate his feat, he displayed an effigy of the Duce on a black flag affixed to the hood of his car.
The man was first summoned to the police station and then fined €380 for violating the restrictive measures to contain the health emergency. A video capturing his actions went viral online. The matter was concluded with a complaint filed for the crimes listed above.
However, the judge, in acquitting Piras, held that the nature of the act was purely joking and not political, intended to mock some friends with communist sympathies. Piras was represented by the lawyer Marcello Caredda.
