By confirming the case law predominant position, the Supreme Court reaffirmed that in order to assess the lawfulness of a disciplinary dismissal imposed for a fact abstractly constituting a crime, it is not relevant the criminal evaluation of the fact nor its punishment in criminal proceedings, nor the failure to activate the criminal proceedings for the same fact charged. In fact, in such assessment, the Judge has to carry out an autonomous evaluation on whether or not the disputed fact is suitable to integrate the just cause or justified reason requirements for dismissal (see Supreme Court decision No. 34720 dated November 16, 2021).
Avv. Guido Brocchieri
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