News Supreme Court rulings August 2014


“Doggy bags,” hotels and restaurants cannot deny them

In ruling no. 29942 of 2014, the Supreme Court of Cassation clarified that it is now part of the “commonly accepted rules of civilized coexistence” to allow customers of restaurants and hotels to take leftover food away from the table to give it to their dogs; adding, moreover, that it is also possible to refill one’s canteen with the water that is left in the bottle.

The Justices of Legitimacy pointed out that the ban on “doggy bag” and water bottle filling, can be regarded as a specious and unfair infringement of commonly accepted rules in civilized coexistence.

Dog locked in garden without leash bites neighbor? Owner to be convicted of culpable injury
The Supreme Court in ruling no. 33407/2014 emphasized that the owner of an animal is always responsible for its custody, and based on this assumption, the Court affirmed that a person who fails to take all appropriate precautions to render harmless his or her animal that is in the garden of his or her home and bites the neighbor is liable for the crime of culpable injury.

The Justices of legitimacy have, moreover, specified that the custody must be useful and effective, holding, therefore, that the crime of culpable injury can be configured in all cases in which it is not verifiable, concretely, the effective adoption, by the owner, of the trivial precautions aimed at rendering the animal harmless.

Do you violate house arrest to go to the pharmacy? It’s escapism!
According to the Supreme Court’s ruling (Judgment No. 27193 of 2014), a prisoner who, subjected to the precautionary measure of house arrest, leaves without first requesting permission, commits the crime of escape.

The Supreme Court noted that the aforementioned conduct, carried out, in the case at hand, for the purpose of going to the nearby pharmacy, since it is characterized by the prisoner’s awareness that he did not have any authorization, is relevant for criminal purposes if it is not fully proven, the motives that determined the offender’s behavior.

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