The judges of the fifth section of the Regional Administrative Court of Campania they upheld the appeal from an islander against the Naples Police Headquarters for the cancellation of the decree prot. 2020.Div.Amm. Cat. 60 of 17/09/2020, with which the Naples Police Headquarters - Ischia Public Security Commissioner - rejected the request for license for the rifle port for sporting use.
The citizen of Ischia has filed an appeal for the cancellation of the rejection of the license request for the port of a rifle for sporting use, opposed on the relief of the verified existence of dating criminal prejudices (a sentence of conviction with a fine for work illegal construction in 1978, a sentence of not having to proceed for extinction of the crime for illegal building construction in 1979, a decree condemning the fine for non-compliance with the navigation rules in 1983, a sentence of acquittal for the crimes of fraud and material falsehood committed by the public official in public deed in 1984, a sentence of not having to proceed due to the statute of limitations for the crime of abuse of office in competition in 1990, a sentence of acquittal for not having committed the crime for the crime of mafia-type association in 1992 and prescription for the corruption offense for an act contrary to official duties and a referral to the AG for the crime of violence and threats following a lawsuit in 2008, the latter facts, for which a statute of limitation was issued in 2016), of which in particular, the last one, relating to facts of insult and threat, subsequent to the previous last renewal of the title, dating back to 2003 (valid until 2009), was considered an obstacle to the issue of the title (it is read verbatim in the contested provision.
“Given that in the crime of threat the essential element is the limitation of psychic freedom by means of the prospect of danger that an unjust evil can be caused by the perpetrator to the victim, without it being necessary for a state of intimidation to concretely occur in the latter, the only attitude of the conduct being sufficient to frighten and irrelevant the indeterminacy of the threatened evil as long as this is unfair and can be deduced from the contingent situation. The administrative judges motivate the decision to accept the request of the citizen of Ischia "Considering that the limitation period is a legal institution that links the occurrence of certain legal effects to the passage of time, in the sense that when it matures, if within a certain time of his commission - established by law - a fact is not punished as a crime, the possibility of doing so is lost and the alleged perpetrator remains unpunished ».
And not only. It is also “considered that the assessments of the administration are not intended to repress past behavior, but to prevent dangerous situations in the future". In particular, the fact considered indicative of the possible abuse of weapons was identified, in substance, in a single episode of insult and threats, which, dating back to 2008, led to the opening of a criminal proceeding which the Administration deduces then closed in 2016 with statute of limitations (whereas the appellant even claims in appeal that no ruling would have taken place for that fact, having, instead, it appellant, filed an immediate appeal to the justice of the peace against the plaintiff); the reference to the various most dating prejudices, mostly, as mentioned above, converged in the judgments of absolution and of not having to proceed, is not actually even operated in the continuation of the motivation of the provision, which essentially focuses solely on the last episode of which the administration had no prior knowledge.
The judges of the TAR Campania they decided to accept the appeal, resulting in the annulment of the contested deed and the obligation for the Administration to rethink, with free outcome, with a new deed. Finally, the respondent Administration was sentenced or the Naples Police Headquarters al payment of court fees in favor of the appellant, which are paid out in a total of € 1.000,00 (one thousand / 00), as well as legal accessories and recast of the unified contribution (Il Golfo 24).