News Supreme Court Judgments January 2017

Social media: defamation is aggravated if offense is posted on bulletin board

The Criminal Court of Cassation, in ruling no. 50/2017, ruled that personal offenses posted on the main bulletin board of a social network constitute aggravated defamation, as the posting within that bulletin board makes the offense potentially capable of reaching an indeterminate or otherwise quantitatively appreciable number of people.

Loud stereo in condominium, responsibility lies with parents

From a recent Supreme Court ruling, no. 53102/2016, it is inferred that if the minor keeps the stereo loud inside a condominium apartment, the parents are liable to conviction for the crime of “Disturbing the occupation or rest of persons” under Article 659 of the Criminal Code.

Indeed, the Justices of legitimacy noted that under Article 2048 of the Civil Code, the father and mother are liable for the damage caused by the wrongful act of the minor children living with them, and that the parents themselves, in accordance with Article 147 of the Civil Code, are required to carry out constant educational work with the children, aimed, among other things, at correcting any socially and legally incorrect behavior engaged in by them.

Supreme Court: even popping sparkling wine can become a crime!

In the recent ruling no. 32548/2016, the Criminal Court of Cassation clarified that a premises owner who hits a customer in the eye with the cork of a sparkling wine bottle if it can be proven that the owner did not take all necessary precautions to avoid the accident is liable to be convicted of culpable injury.