Nordio on Mussolini's code: 'I wanted to abolish it, not praise it'

Italian Justice Minister Carlo Nordio has vehemently denied claims that he praised the Mussolini-era penal code, stating his intention has always been to abolish it. "Exactly the opposite," Nordio asserted, revealing he chaired a commission twenty years ago to create a new code that ultimately remained shelved. He expressed concern that radical reform might be impossible in his final year as minister but hopes to intervene.

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Exactly the opposite. I wanted to abolish the Rocco code. Twenty years ago I chaired the commission to create a new one, which remained in the drawer.

Nordio countered arguments from the National Association of Magistrates (ANM) and the Democratic Party (PD) that the Constitution is the paramount legal text and that fascist-era code remnants are minor. He called this assertion a "colossal lie," emphasizing that the code's general part, which governs the structure of crimes and punishments, remains unaltered and is the most significant aspect of fascist ideology. He explained that this section considers individuals as "subjects" serving an "ethical state," rather than citizens with rights like legitimate defense. In these cases, he argued, the crime should not exist, but the code treats them as instances of "leniency."

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It's a colossal lie. The general part that governs the structure of crime and punishments, the backbone of the code, is unaltered. And it is precisely that which constitutes the most significant aspect of fascist ideology.

The minister also strongly condemned the exclusion of books from cultural events, labeling it an "inexcusable error." Quoting Heinrich Heine, he warned, "One begins by burning books and ends by burning men." Nordio affirmed his liberal principle, echoing Voltaire, to defend the right to express ideas, even if they are disagreeable. However, he distinguished between expressing ideas and inciting violence or advocating for the reconstitution of the fascist party, which he believes should be punished under existing laws like the Scelba law. He noted that Massimo Cacciari holds an even stricter view on this matter than he does.

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The person is not considered a citizen but a subject at the service of an ethical state, as theorized by Hegel and Gentile. And therefore, justifications like self-defense, fulfillment of a duty, exercise of a right, are causes of 'non-punishability.' As if to say: I am lenient and I will not punish you. Instead, the crime should not exist in these cases. And this is where I would like to intervene.