Many phrases about Christmas are used during this period, not only today which is the actual day of celebration.
Even on a usually festive and joyful occasion, however, a few too many words could ruin everything.
Some sentences can even constitute a crime and therefore the risk of being reported.
Of course, it is unlikely that a banal Christmas wish could in any way violate the law.
In most cases, in fact, the offenses related to Christmas phrases presuppose a certain awareness and will in those who pronounce them.
Here are the most relevant cases, also according to jurisprudence.
Christmas phrases, which are a crime Christmas Greetings You will have a bad Christmas You don't deserve Santa's gifts Santa Claus doesn't exist Christmas Greetings The controversies over Christmas greetings arise almost identically every year and more and more people are complaining because “nothing can be said anymore”.
In fact, over the years there have been some events that have raised a bit of a smile, including the European Union rules on inclusive communication that prohibited saying "Merry Christmas", but were soon withdrawn.
This year, for example, it seems that the university institute of Fiesole has abolished this wording.
Clearly, inclusion is an objective that should be pursued even in these small things, but for Christmas greetings the problem mainly concerns those who address very large audiences.
A little caution in speaking would be enough, even if good wishes are not an offense in any case, so much so that they are never illegal.
This is because Italy is a secular state, in which every religion and profession of worship is permitted within the limits of the law.
Be careful, however, if you travel, because not all countries are tolerant of this holiday.
For example, in North Korea it is a crime to celebrate Christmas and it is also banned in some Muslim countries, such as Saudi Arabia, Brunei, Somalia and Afghanistan.
read also Christmas Greetings 2023, the best phrases for the holidays You will have a bad Christmas Telling someone that they will have a bad Christmas does not at all hide the unpleasant intent of this statement, which can be a threat in all respects.
Threats are a crime punished by article 612 of the Criminal Code with a fine of up to 1,032 euros (and imprisonment in the case of aggravating circumstances).
The threat may also be implicit, just as the quoted phrase might be.
The unjust damage, a prerequisite for the crime of threat, according to jurisprudence is complemented by the fact that the normally joyful moment of Christmas can be transformed into suffering.
Obviously, the threat must be contextualized to the discontent of those who utter it and not be the result of a joke between both parties.
Depending on the context, the threat of having a bad Christmas can integrate various crimes, especially extortion when the aim is an action of the victim.
You don't deserve gifts from Santa Claus The story of Santa Claus is known throughout the world, the gifts received on December 25th are closely linked to the child's behavior during the year.
Thus, telling someone that they will not receive gifts from Santa Claus is an indirect but highly understandable way of telling them that they don't deserve them, that they "didn't do a good job".
Here, be careful when making statements of this kind in public, because by doing so you offend the victim's reputation and risk being sued.
For example, sentence no.
42653/2010 of the Court of Cassation confirmed the conviction for defamation of a man who had publicly discredited the victim with a flyer (with several offensive phrases) with the intention of ridiculing her.
Santa Claus does not exist.
Not everyone has the same ideas regarding the story of Santa Claus to tell to children, some prefer that they believe in it to experience the magic more, others consider it incorrect because it is not truthful, not educational or for religious reasons.
In recent days we have seen numerous reports of children shocked by the revelation "Santa Claus does not exist" heard at school, in no uncertain terms.
A story from several years ago comes to mind, in which a telephone operator said the same thing to a child (threatening him to get his parents through), and was then convicted of harassment.
Harassment, according to article 660 of the Penal Code, is any annoyance or offense caused to someone for a "blameable reason".
The crime is punished with imprisonment of up to 6 months or a fine of up to 516 euros.
So, regardless of your opinions, purposely annoying a child by telling him that Santa Claus doesn't exist is not a great idea.
read also Christmas gifts and baskets, when the crime occurs and what you risk
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