News Supreme Court Judgments January 2019

Overtaking on curve, fine tripled

The Supreme Court, in ruling 1683/2019, ruling on the case of a motorist, who was charged and convicted in the first and second instance for performing a dangerous maneuver, i.e., overtaking at a curve, resulting in the application of the administrative penalty and the suspension of his driver’s license for one month, stressing the dangerousness of this type of conduct, specified that overtaking near a curve realizes two prohibited conducts: both that of prohibited overtaking and that of driving against the hand and that, therefore, the penalty can be increased up to three times.

Racist slur: not a crime

According to the Supreme Court, insult would no longer qualify as a crime.

This is what was decided by the Supreme Court, in ruling no. 2461/2019, also in light of the decriminalizations brought about by the “empty prisons” decree no. 7/2016.

The case, involved a person who was convicted in the first instance of the crime of insult aggravated by the purpose of defamation.

With the conviction upheld on appeal as well, the defendant appealed to the Court of Cassation, which ruled by annulling the lower court’s judgment without referral, since in light of the above, insult for our system no longer constitutes a criminal offense.

Alimony obligation between siblings

The Supreme Court in its recent order no. 1577/2019 clarified and reminded that in cases where siblings, are in economic hardship and in the absence of other obligated parties, the siblings must provide maintenance for the relative, helping each other by paying alimony.

This condition, may occur if the brother or sister is unable to provide for his or her own support and/or needs to pay rent, despite receiving a pension paid by INPS or a municipal contribution and these are insufficient to guarantee maintenance.