Cassation

Subversive association for the head of the Italian neo-Nazi cell

Subversive criminal association for those who are members of sodalities that have a worldview based on violence and discrimination

by Patrizia Maciocchi

REUTERS/Carlos Barria

2' min read

Translated by AI
Versione italiana

2' min read

Translated by AI
Versione italiana

The rules onterrorism are extensible tothe leadership of neo-Nazi associations that have racial hatred and theorisethe use of violence on a scale that harms entire communities.

The Court of Cassation (judgement 36665/2025) deposited the grounds with which, on 24 September, it had given the go-ahead for the tightening of the precautionary measure requested by the Naples Public Prosecutor's Office against Maurizio Ammendola, the alleged leader of the"New Order of Hagal", sentenced at first instance last December to five years and six months, ordering a change from house arrest to prison, for the crime of subversive criminal association, under Article 270 of the Penal Code.

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The accusation is that he is the promoter and organiser of the cell of the neo-Nazi and supremacist organisation 'Order of Hagal' capable of proselytising in Campania. For the judges a hierarchical organisation with followers bound by a secret vote and trained militarily to 'be ready to use weapons against civilian targets in secret and against the Carabinieri barracks in Marigliano'.

Instigation to violence

The Supreme Court endorses the extension of the considerations on the subject of terrorism, with regard to the inappropriateness of house arrest, in the case of membership of a conspiracy aimed at subverting the established order.

The appellant, through social media, incited racial (Article 604-bis of the Criminal Code) and ethnic hatred, to commit acts of discrimination and violence also based on minimisation and apology of the Shoah. The rule on subversive association - the legitimacy judges point out - has many affinities with the characteristics of the neo-Nazi cell 'whose programme expresses a conception of the world based on violence, discrimination,' reads the judgment, 'on the exaltation of a race and on the affirmation of a category of people considered superior to others'.

Correctly, therefore, the Court of Review of Naples - in tightening the precautionary measure - considered a number of conditions: the long operation of the association (six years, from 2016 to 2022); the role of leader and promoter played by the applicant, who also acted as a collector of the instances of dissatisfaction and fear of the population during the pandemic; a propaganda that, within the national territory, passed through social media and Telegram channels. On the web, the plaintiff extolled Nazi ideology, the purification of the Aryan race, hatred against Jews, blacks and homosexuals. Relationships with other similar neo-Nazi associations operating abroad (Ukraine) also weighed on the verdict.

Hate against Jews, blacks, homosexuals

Ideologies and methods at odds with the democratic state, seen as an illegitimate imposition to be fought against, even at the cost of violence. Finally, as an act of rebellion against the state, there was tax evasion. Not just tax evasion, since on the eve of the Cassation verdict and before going to prison, Maurizio Ammendola broke the electronic bracelet and fled from his home in Maddaloni, in the province of Caserta.

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