The amnesty of 1946
On June 22, 1946, the “Presidential Decree of Amnesty and Pardon for Common, Political, and Military Crimes” that occurred during the Nazi-fascist occupation came into effect. The law was proposed and enacted by the Minister of Justice in the first De Gasperi government, Palmiro Togliatti, secretary of the PCI.
The amnesty, which will bear the name of its proponent, includes the pardon of sentences for common and political crimes with a maximum sentence of 5 years. In the intentions of the legislator, therefore, serious and very serious crimes are not included in the provision, which will, however, undergo – particularly after the exclusion of the communists from the government in February 1947 (third De Gasperi government) – an indiscriminate extension, also due to the failure to purge the judiciary.
The purpose of the decree was initially to achieve national reconciliation as soon as possible, to avoid further delaying the material reconstruction of the country through purges. With the amnesty, thousands of fascists are released from prison, some of whom are responsible for real atrocities, yet not considered as such by the judges: this is the case, for example, of the gang rape of a partisan, deemed by the judiciary merely a violation of modesty and honor, and therefore amnistied.
The amnesty measure immediately provokes discontent and tensions, especially in northern Italy, where the Liberation struggle was more prolonged, and thus more intense, compared to other parts of the country. The controversies primarily come from partisan associations and anti-fascist political persecuted individuals, who do not accept well the release of their tormentors, especially while partisans arrested for actions carried out during the occupation or immediately after liberation remain in prison. Even the party's base strongly contests the secretary of the PCI.
Fabrizio Tavernelli "Figlia di Guerra" The so-called Togliatti amnesty will be followed by other measures that will broaden the categories of pardonable crimes. In 1948, certain offenses are extinguished; in 1953, the amnesty, accompanied by a pardon, is applied to all political crimes committed until June 1948.
(source: M. Franzinelli, L'amnistia Togliatti. 22 giugno 1946: colpo di spugna sui crimini fascisti, Milano, Mondadori, 2006)
On June 22, 1946, the “Presidential Decree of Amnesty and Pardon for Common, Political, and Military Crimes” that occurred during the Nazi-fascist occupation came into effect. The law was proposed and enacted by the Minister of Justice in the first De Gasperi government, Palmiro Togliatti, secretary of the PCI.
The amnesty, which will bear the name of its proponent, includes the pardon of sentences for common and political crimes with a maximum sentence of 5 years. In the intentions of the legislator, therefore, serious and very serious crimes are not included in the provision, which will, however, undergo – particularly after the exclusion of the communists from the government in February 1947 (third De Gasperi government) – an indiscriminate extension, also due to the failure to purge the judiciary.
The purpose of the decree was initially to achieve national reconciliation as soon as possible, to avoid further delaying the material reconstruction of the country through purges. With the amnesty, thousands of fascists are released from prison, some of whom are responsible for real atrocities, yet not considered as such by the judges: this is the case, for example, of the gang rape of a partisan, deemed by the judiciary merely a violation of modesty and honor, and therefore amnistied.
The amnesty measure immediately provokes discontent and tensions, especially in northern Italy, where the Liberation struggle was more prolonged, and thus more intense, compared to other parts of the country. The controversies primarily come from partisan associations and anti-fascist political persecuted individuals, who do not accept well the release of their tormentors, especially while partisans arrested for actions carried out during the occupation or immediately after liberation remain in prison. Even the party's base strongly contests the secretary of the PCI.
Fabrizio Tavernelli "Figlia di Guerra" The so-called Togliatti amnesty will be followed by other measures that will broaden the categories of pardonable crimes. In 1948, certain offenses are extinguished; in 1953, the amnesty, accompanied by a pardon, is applied to all political crimes committed until June 1948.
(source: M. Franzinelli, L'amnistia Togliatti. 22 giugno 1946: colpo di spugna sui crimini fascisti, Milano, Mondadori, 2006)
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