EMPLOYMENT OF SCHOOLS, STANDARDS AND DECISIONS TO KNOW
Sull'arbitrarietà in the so-called "school occupation" by students, the interior minister said recently that "he who occupies the schools will be prosecuted "
Saturday of Italian, Head of Nat. Repression Monitoring
crimes configurable or claims that are usually in these cases, the 'invasion of land or buildings, Art. Cp 633, and 'interruption of an office or public service or a necessary public service ", Art. Cp 340.
The jurisprudence of merit and legitimacy has been expressed several times on criminal legality (or not) of school occupations.
By decision of 30 March 2000 the Second Division of the Court of Cassation has intervened on this point stating that: "It is not applicable art. 633 jobs to the student because this provision is intended to punish only the arbitrary invasion of buildings and not any illegal occupation. .... The school building, also, though belonging to the state, not a reality alien to students who are not just visitors, but active subjects of the school community and therefore not considered to be configured their limited right to access the building school hours when the sun is scheduled school activity in the strict sense. "
This ruling has also had the advantage of correctly identify the time consumed and the conduct of the offense and makes a shrewd distinction between the time invasion of a building and that the stay is not allowed inside spaces, providing that you can not assimilate the latter to the former as "when the legislature sought to characterize as criminal act arbitrarily in the permanence of a place, it did so with an express provision, by reversing the analogy may not be incurred in in malam partem. "
Valuable also appears reconstruction of otherness in relation to the reservoir of good school buildings. The Court rules states that under Presidential Decree No. 21.5.74 416 The school is a reality not foreign to students who contribute and contribute to its formation and its maintenance, with a power and duty to cooperate in the protection and conservation of same, so there seemed to constitute a limited right to access them in the hours when the sun is expected to be teaching in the strict sense.
In this Court ordered that the regulation provides that the offense described in Penal Code 633 should be interpreted as the time invasion "any outside interference with violent way"
Other delivery of legitimacy helps in the reconstruction of the contours of offense in question states: "The crime in question is one of the special situation of illegality: the objective fact of the arbitrary behavior, being a constituent element of the case, should return in the subjective the offense and the subject of representation, and volition on the part of the agent, so that if the agent falls into error about the exact scope of a rule extrapenale, considering their behavior as legitimate, should be exempt from liability for lack of intent art. 47 paragraph III cp since you have not been a positive element of the case "(as Cass. Sec. II, 17.5.1988, Oliva). These heads
lead to the conclusion that the existence of a right for students to criticize based on their freedom of expression, thought and association in the school funding for students to exercise a right that would not only assumed that starting from the same but because of an objective justification.
The interruption of public service
case is different in art. Cp 340 that where there is an overall agreement and a participation in protest actions on the part of teachers, principals, administrators, technical and auxiliary schools (ATA) may be integrated if students deliberately prevented the regular lessons.
To this end, the case law indicates more significant.
"If the so-called" occupation "of the school by students is without invasive procedures, namely allowing the lessons and access of employees, it is an offense of interruption of public service, even if the teaching is carried out with difficulty and in the midst of confusion. Siena Court, October 29, 2001. "
The temporary occupation of a school, although for union representation, incorporating the details of the case in art. 340 cp when the mode of conduct, designed to alter the normal development of the education service, go beyond the legitimate exercise of rights under Articles. 17:21 Constitution, damaging other interests guaranteed by the Constitution. "Penal Cassation, 03 July 2007, n. 35178.
Finally, for teachers note that, with a recent decision, the Council of State ruled: "situations of so-called occupation of a school for the state of agitation of the students do not have an effect exemption or presence of the mitigation requirements, intervention and control of the body of teachers and school administrators, must ensure that the more their presence to avoid degeneration of the initiatives taken by school students within the institution "(cons. State, Sec. VI, 17/10/2006, n.6185). Therefore, even if employment continues to fall on the teachers must attend, intervention and control existing even in the ordinary course of lessons
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