L’oltraggio a p.u. nuovamente al vaglio della Consulta: non manifestamente sproporzionato il minimo di pena di sei mesi di reclusione

With the judgment under comment, the Constitutional Court n. 166/2024 has declared unfounded a new q.l.c. concerning the offence of contempt to a public official provided for under Article 341- bis, ruling out that the provision of a minimum sentence of six months’ imprisonment is in conflict with the fundamental principle of proportionality of punishment. The solution adopted by the Court - which was careful not to trespass on strictly political evaluations - is, in our opinion, acceptable. However, serious doubts remain as to the very appropriateness of criminalising outrage against a public official in light of the changing relationship between the person and public authority