The criminal lawyer Rivello: “The national mourning proclaimed by the Authority, if not respected, is punishable: up to three months in prison or with a fine of up to 200 euros”
The refusal of the rector of the University for Foreigners of Siena, Tomaso Montanari, to display the flags at half-mast in the Tuscan university, contravening the proclamation of national mourning for the death of Silvio Berlusconi is punishable. “National mourning proclaimed by the Authority, if not respected, is punishable according to article 650 of the Penal Code, up to three months’ imprisonment or a fine of up to 200 euros. As Montanari’s is a particularly well-known case, probably the prosecutor of competence will probably proceed in this regard even in the absence of a complaint against the Rector”. So to Adnkronos Pier Paolo Rivello, criminal lawyer and professor at the University of Turin of Criminal and Penitentiary Law, as well as attorney general emeritus at the Court of Cassation.
What happens if the competent prosecutor does not proceed? “If a Public Prosecutor reads a crime in a newspaper – replies the criminal lawyer – he can proceed even in the absence of a complaint”.