Decision of the Court of Cassation, I Criminal Section, No. 24084 of 31 March 2017

The Court of Cassation rejected the recourse of an Indian citizen against the decision of an Appeal Court that had founded him guilty for the offense of carrying a weapon (this was, actually, a knife called ‘kirpan’, symbol of the Sikh religion professed by the accused). For the Court, migrants’ integration presupposes that those who freely decided to live in a foreign country accept the legal order of the same despite it differs from the legal order of their country of origin. Moreover, the challenged decision was not in breach of the freedom of religion (Article 19 of the Italian Constitution and Article 9 of the ECHR). Also in the ECHR Court jurisprudence, it is asserted that the freedom of religion may encounter limits if in order to protect the public order and public security.

  • See also:

    Decision of the Constitutional Court No. 63 of 23 February 2016

  • Original language: Italiano