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Italian Court of Cassation (Corte di Cassazione), Criminal Section First, No. 24084, 15 May 2017

Type Judgment
Case number 24084/2017


Groundlessness of the appeal brought by a Sikh Indian sentenced to a fine for carrying a knife (kirpan) of almost 20 centimeters outside his home without any justified reason.

Normative references

Art. 2 italian Costitution 
Art. 19 italian Constitution


Coexistence between people of different ethnicities necessarily requires the identification of a common core in which immigrants and host society must recognise each other. While integration does not imply the abandonment of the culture of origin, in full agreement with the provisions of Article 2 of the Constitution, the impassable value limit is constituted by the respect for human rights and the juridical civilisation of the host society. It is therefore essential that the immigrant is obliged to conform his values to those of the western world, in which he has freely chosen to integrate, and to verify in advance the compatibility of his behaviour with the principles that regulate the legal system of the host country. It follows that Article 19 of the Italian Constitution is restricted in order to protect other interests at stake, including the security and peaceful coexistence of citizens. In conclusion, it is unlawful to carry weapons or offensive objects in a public place, even if the object is considered a Sikh religious symbol.