"The fact does not constitute a crime": this is the formula with which the single judge of the Court of Imperia Sonia Anerdi acquitted the former councilor of the Municipality of Diano Castello (Imperia) and exponent of Forza Nuova from the charge of apology of fascism Manuela Leotta and the Sanremo Eugenio Ortiz. The two on April 26, 2015 had made the Roman salute and shouted "present" during a celebration at the cemetery of Sanremo in memory of the fallen of the Italian Social Republic. The sentence in which the two defendants were acquitted was pronounced on the basis of previous verdicts of the Cassation. The prosecutor had instead asked for a sentence of 3 months of imprisonment and a fine of 300 euros.On the other hand, the Cassation has different orientations. In May with sentence 21409, the Court confirmed the conviction for a "nostalgic" lawyer of the regime who, during a session of the Milan City Council, on the occasion of the presentation of the "Rom Plan" had stretched out his arm accompanying the gesture with the phrase "present and we are proud of it", but only a few months before the Cassation had ruled that the Roman salutation is not a crime if it has a commemorative and non-violent intent: in this sense, it can be considered a free "manifestation of thought" and not a concrete attack on the democratic order. The Cassation had thus definitively acquitted two demonstrators from Casapound, who during a commemoration organized in Milan in 2014 by members of the Brothers of Italy, responding to the "call of the present" had raised their right hands and made a fascist salute. The Imperia judge complied with this orientation.