News Supreme Court rulings January 2016

It is a crime to park by blocking other cars.
From a recent ruling of the Criminal Court of Cassation, no. 48346/2015, it is inferred that the conduct of those who park in a “wild” manner by blocking with their cars the passage for other cars integrates the crime of private violence under Article 610 of the Criminal Code.

In fact, the Supreme Court justices clarified that the element of violence in the criminal case of private violence“is identified in any means suitable for coercively depriving the offended person of freedom of determination and action, and therefore also in the behavior of a person who has blocked all “ways out” to the vehicle of other people.

Teacher’s slip on wet floor.
According to the Supreme Court of Cassation (Judgment No. 25594/2015), no damages should be awarded to the teacher who fell ruinously due to the school floor being made wet and slimy by detergents used by janitors in cleaning.

In declaring inadmissible the claim for damages advanced by a teacher, thereby excluding civil liability on the part of the school, the Ermellini in fact clarified that the situation of possible danger, however engendered, would have been foreseeable and surmountable by the teacher through the adoption of ordinarily cautious behavior, consisting of ascertaining the presence of the janitors at work.


Supreme Court: selling photocopies of a book is a crime

The Supreme Court, in ruling no. 47590/2015, ruled that a copy shop owner who reproduces through photocopying books intended for teaching purposes in order to sell them commits the offense under Law No. 633 of 1941 on copyright protection, even if the cost of each book is exactly equal to the total value of the total photocopies made.

Indeed, the legitimacy judges have made it clear that this crime can be committed whenever the person has acted in the knowledge that he or she could derive from his or her illegal conduct “some pecuniary gain that is financially appreciable.”

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