News Supreme Court rulings April 2016

Supreme Court: bad weather can also constitute legitimate impediment

The Supreme Court, in ruling no. 10157/2016, ruled that when adverse weather conditions do not allow the lawyer to attend a hearing in chambers, the lawyer may rely on the legitimate excuse if his absence could potentially harm the defendant’s right of defense guaranteed by Articles 24 and 111 of the Constitution.

If the dog has a dirty record, the owner is certainly guilty

In ruling no. 10720/2016, the Supreme Court has ruled that the owner of a dog who has already attacked a person in the past is always liable to conviction for failure to keep the animal in the event that the animal is again responsible for an aggression against another person.
According to the Ermellini, what is decisive for the owner’s conviction is in fact the dog’s “history,” by virtue of which the man should have adopted an even more careful and prudent conduct in order to prevent further aggression.

Cameras in the garage? The footage may be usable for investigative purposes
A recent ruling by the Supreme Court (No. 11419/2016) shows that video recordings for investigative purposes made in the cash box of a garage are fully usable as evidence, as this place does not constitute “domicile” in the sense of private dwelling and as the filmed action can be freely observed by outsiders, since it is a place open to the public.