This article describes the problem of the presence of the crucifix in the Italian public space. At the beginning the author discussed the issue of the presence of crucifixes in public schools. The starting points are historical – legal issues and the Lautsi v. Italy case brought before the European Court of Human Rights. Than the author presents the problems concerning the presence of crucifixes in polling stations in respect of election judges and the voters themselves. The last part is dedicated to Judge Luigi Tosti, who objected to the presence of crucifixes in Italian courtrooms. The aim of the research of the author was to prove that, with respect to the problem of exposure of the crucifix in public places in Italy, there is a disagreement, which leads to an uneven line of jurisprudence. There are formed two views: a group of supporters and opponents of the presence of the crucifix in public space. The author used the historical – descriptive, formal – dogmatic and contextual methods.