News Supreme Court rulings September 2014

Private violence for those who park by blocking vehicle transit.
In ruling no. 32720/2014 the Justices of legitimacy affirmed that the conduct, consisting of placing one’s vehicle at the entrance of the only way out of a fund, apt to preclude the freedom of transit of a vehicle, constitutes the crime of private violence under Article 610 of the Criminal Code.

The Supreme Court specified that one who voluntarily obstructs the only way out in order to prevent free exit by others engages in conduct that is likely to restrict the personal freedom of the latter, who as a result of said conduct are “trapped” inside the fund.

Valid termination for serious reason if neighbor’s dog barks too much.
The Supreme Court, in ruling no. 12291 of 2014, ruled that the continuous barking of a neighbor’s dog, which disturbs the quiet and one’s rest at night, can be considered a de facto nuisance caused by a third party and legitimizes the disturbed tenant to terminate the lease as the subject of harassment detrimental to health.

The Supreme Court, in the aforementioned ruling, also reiterated that the serious reasons that allow, regardless of contractual provisions, the tenant’s termination of the lease must be determined by facts beyond his control, unforeseeable and supervening upon the establishment of the relationship, such as to make its continuation exceedingly burdensome for him.

It is a crime to use someone else’s photo for your own account.
According to the Supreme Court of Cassation (Judgment No. 25774 of 2014) a person who, in order to maintain anonymity in the creation of his own profile, within any social network, uses the photos of another person can be charged with the crime of person substitution.

Indeed, the Supreme Court clarified that using another person’s photo for one’s account can be punishable under Article 494 of the Criminal Code, not mattering, moreover, the circumstance that a fictitious name was used in doing so. The Justices also clarified that substitution of person occurs whenever one takes an attitude to make himself appear as another.

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