News Supreme Court rulings March 2016

Radio blasting in the car? It is a crime
A recent ruling by the Supreme Court (No. 7543/2016) shows that driving around the city with the sound on a thousand integrates the crime of disturbing the occupations and rest of people under Art. 659 of the Criminal Code.
The judges of legitimacy, with in the aforementioned ruling, moreover clarified that the judge, in assessing the actual suitability of sound emissions to cause harm to an indeterminate number of people, may not only order the performance of specific technical investigations, but also base his conviction on “other evidence capable of demonstrating the existence of a phenomenon capable of objectively causing disturbance to the public peace.”

Occupying the school is twice a crime

The Supreme Court, in ruling no. 7084/2016, ruled that those who occupy a school by preventing teachers and students opposed to the same occupation from entering the facility are liable to conviction for the crimes of private violence and disruption of public service.
Indeed, the Ermellini made it clear that the exercise of fundamental rights, such as those to strike, assemble and manifest thought,“ceases to be legitimate when it overflows into the injury of other constitutionally guaranteed interests,” such as the right to study.

Insulting the traffic auxiliary is not contempt of public official

In ruling no. 6880/2016, the Supreme Court recently clarified that insulting the traffic auxiliary does not constitute the offense of contempt of a public official, but that of insult under Article 594 of the Criminal Code.
Indeed, the courts of legitimacy have clarified that the traffic auxiliary, when ascertaining and contesting violations pertaining to the prohibition of parking in the licensed areas, should not be considered a public official, but a mere public service officer.