News Supreme Court rulings February 2017

Punching the ball at playing children is not a crime

The Criminal Court of Cassation, in ruling no. 1786/2017, ruled that puncturing a ball to children playing in the condominium courtyard does not constitute the crime of private violence if such an action was solely dictated by the desire to enforce the condominium’s regulations prohibiting ball playing during certain times of the day.

Traffic accidents: the person who gets into the car with the drunk driver friend is not at fault

In the recent ruling no. 1295/2017, the Supreme Court has ruled that a person who agrees to be transported in a car by a person under the influence of alcohol cannot automatically be charged with contributory negligence in any accident in which the two are involved, as it must in any case verify the existence of active cooperation in the production of the accident on the part of the transported person.

Selling expired products is not always a crime!

From a recent ruling of the Criminal Court of Cassation, no. 38841/2016, it is inferred that it is possible to sell an expired food item without incurring the offense of selling non-genuine food under Art. 516 of the Penal Code, as long as the food itself is in excellent condition and not deteriorated.