GIULIANI AND GAGGIO v. ITALY JUDGMENT 35 II. RELEVANT DOMESTIC LAW AND PRACTICE A. “Grounds of justification” 142. The Criminal Code (“the CC”) provides for situations (cause di giustificazione or scriminanti) which may exempt individuals from criminal responsibility and render not punishable conduct which amounts to an offence under the law. Possible grounds of justification include the legitimate use of weapons and self-defence. 1. Legitimate use of weapons 143. Article 53 of the CC provides that no sanctions may be imposed on “a State agent who uses or orders the use of weapons or any other means of physical force in the exercise of his or her official duties, where he or she is obliged to do so in order to repel an act of violence or thwart an attempt to resist official authority. In any case, he or she shall not be liable where such action is taken to prevent criminal acts entailing massacre, shipwreck, flooding, aviation or railway disasters, intentional homicide, armed robbery or abduction ... The law provides for other cases in which the use of weapons or any other means of physical force is authorised.” 2. Self-defence 144. Article 52 of the CC provides that no sanctions may be imposed on “persons who commit an offence when forced to do so by the need to defend their rights or the rights of others against a real danger of unjust attack, provided that the defensive response is proportionate to the attack.” 3. Negligent excess 145. Under Article 55 of the CC, in cases, inter alia, of self-defence or legitimate use of weapons, where the person concerned has negligently (colposamente) overstepped the limits laid down by law or by the competent authority, or dictated by necessity, his or her actions are punishable as negligent conduct to the extent provided for by law. B. Provisions governing public safety 146. Articles 18-24 of the Public Safety Code (Testo Unico) of 18 June 1931 (No. 773) govern public gatherings and assemblies in public places or open to the public. Where such a gathering is liable to endanger public order or safety, or where offences are committed, the gathering may be dissolved. Before it is dissolved, the participants must be requested by the law-enforcement agencies to disperse. If the request is not complied with, the crowd must be given three formal warnings to disperse. If these are not

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