News Supreme Court Judgments March 2017

Condominium: leaving garbage in the common yard is a crime

The Supreme Court of Cassation, in ruling no. 2754/2017, clarified that accumulating garbage and dirt in the courtyard of an apartment building constitutes the crime of harassment and nuisance to persons under Article 660 of the Criminal Code, unless the courtyard is for exclusive use.

Raising dust in renovation work is a crime

From a recent Supreme Court ruling, no. 10005/2017, it is inferred that the director of a construction company who does not prevent, in the course of renovation construction work, the lifting of a significant amount of dust is punishable by arrest for up to two months or a fine of 548.00 to 2,192.00 euros (pursuant to Articles 153 paragraph 5 and 159 paragraph 2 letter c) of Legislative Decree No. 81/2008), unless such conduct has caused minor harm and has not in any case resulted in risks to hygiene and safety in the workplace.

Preventing your neighbor from parking by using a plastic gun is a crime

According to a recent Supreme Court ruling, no. 2532/2017, a person who, wielding a plastic gun, prevents his neighbor from parking his car in the condominium yard is liable to conviction for the crime of aggravated menacing under Article 612 paragraph 2 of the Criminal Code, even if the weapon is not pointed directly at the neighbor and if the threatening phrases are not expressly directed at the neighbor, since such conduct, as a whole, undoubtedly takes on a concrete intimidating value.