The message is already a few days old, but it is the Football Fans' Congress intervened, yes it goes on, inter alia, to the spatially and temporally limited use of pyrotechnics in the German stadiums. Since the DFB has unilaterally broken off the negotiations in this regard, is the lighting of fireworks of any kind remains a criminal offense (" attempted grievous bodily harm "). In Italy, that's for quite some time already so and the transportation of pyrotechnics to stadium events - including at arrival and departure - leading to the stadium ban and display. Against this background, it is even more important these days, which decided the investigating judge in Florence (Italy decided by a "judge for preliminary investigations," the district court as to whether there is a process).

The relevant standard for security at sporting events is the so-called Act 401 . least regulated of 1989, which already provides the transportation of fireworks is punishable in the specific case of the 26-year-old capo of the mods from Bologna, Fabrizio D. was - called "Tortino , "reproached the Derby in Florence on 15 May last year have carried a smoke grenade to. And while outside the stadium, "Artemio Franchi" home stadium of Fiorentina, while with the other fans moved to the entrance. Fabrizio was arrested at the entrance of the officials of the anti-terrorist unit DIGOS (Divisione Investigazioni Generali e operazioni Speciali), and raised a complaint against him. As usual in Italy, already presented in the display, by 5 years stadium ban to be imposed on him, even before an appropriate hearing. Stadium ban was linked with the usual requirement to sign on matchdays to three times in the local police station: at kickoff, at halftime and after the final whistle. As the practice of stadium ban cancel out the presumption of innocence, and in fact a kind of "substitute criminal law" is, indeed, the Association of Football Fans' Congress in Berlin in Fananwälte had set out very clearly. A legal practice which meets every year dozens of Italian ultras.

This time it is the lawyer Gabriele Bordoni however, managed to persuade the competent investigating judge with a detailed list of witnesses used to drop the charges and cancel as a consequence of course, the stadium ban imposed. A rather unique event in Italy of special laws, which unfolds as a precedent perhaps a broader scope. For although the above-mentioned law is already the "possession of explosives materials (rockets, flares, firecrackers) at sports events," forbids the judge has joined the argument of the defense, which is even for the layman quite understandable and logical, yet so far my knowledge, has never had success:

Act 401 is to prevent the pyrotechnic materials are cited as "dangerous weapons" ("pericolosi armi") used (ie to be shot or thrown) and endangering the health of other visitors to the stadium. Because "Tortino" the orange smoke grenade was, however, until the complete burning in the hand - what the DIGOS i.Ü. justification in the accusation presented itself just had - the court ruled that there is no danger of onlookers could be seen. Almost as an intrusion of common sense into a hysterical case law, I would rate himself, that the investigating judge even beyond was: Because of the Ultras at the time of arrest (before the Stadiontor) mitführte no pyrotechnics, just a burned-out cardboard tube, this charge drop. Because the smoke grenade was also burned during daylight hours, the risk potential is evaluated also lower. Reason to celebrate is not because the carriage would have functioning pyrotechnics in the stadium continues to punishment, but the fact that a judge a display taking into account the actual intention of the Act (ie security) rated, but is a step in the right direction that is definitely worth mentioning. In other words, if Act 401 for stadium security, the ban of pyrotechnics arguing that this way people can be injured, it can not be used effectively when no man can be injured. The Florence Court thus saith the Bologna Ultrà free from the charge of having endangered by the carrying of other visitors to the stadium pyrotechnics.

Now, it can certainly be shared view in terms of the potential danger of an inflamed smokescreen, but go into a country where the captains of cruise ships schonmal first of board and the former head of state to its own laws creates, let the crimes of tax evasion statute of limitations retroactively, must be satisfied when a judge on the legal principle of "proportionality" recalls. After all, threaten the carrying of pyrotechnics into the stadium next to the obligatory stadium ban also just 4-6 months' imprisonment. It just makes it a difference if I have a burning Bengalo to hold in your hand or throw it effectively to people - in the first case, I could potentially threaten anyone, in the second I actually do this. As long as it makes a difference whether I have a knife in your pocket or wear it around your neck to hold anyone, I think the above sentence in any case to understand.

"Now I'm finally, back to the stadium." Said Fabrizio to.