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Some context from the article: > Judges overturned a theft conviction against Roman Ostriakov after he stole cheese and sausages worth €4.07 (£3; $4.50) from a
by luso_brazilian 10y ago
Some context from the article:
> Judges overturned a theft conviction against Roman Ostriakov after he stole cheese and sausages worth €4.07 (£3; $4.50) from a supermarket.
> Mr Ostriakov, a homeless man of Ukrainian background, had taken the food "in the face of the immediate and essential need for nourishment", the court of cassation decided.
> Therefore it was not a crime, it said.
(...)
> In 2015, Mr Ostriakov was convicted of theft and sentenced to six months in jail and a €100 fine.
Italian judicial system "does not try anybody by a jury of peers: everyone is judged by professional judges or by a panel of judges" [1]. Thus, the compassion reserved to the jury of peers (in the form of Jury Nullification) in systems like the american one would be absent from the Italian one if not for actions like the one by this judge.
Not going to enter in the merit of the cause itself (as it's very subjective and personal experience can affect the judgement) but I agree that the judicial system can and must apply discretion in its judgements.
[1] https://en.wikipedia.org/wiki/Italian_Code_of_Criminal_Procedure#Judges_of_the_trial https://en.wikipedia.org/wiki/Italian_Code_of_Criminal_Proce...
- ergo14 10y agoThat makes no sense for me. It IS a crime, however one that court could rule to not punish the convicted. At least that is how it would probably work in my country.
- dragonwriter 10y agoMany legal systems recognize a defense of necessity (either personal or in the service of others) against things that would otherwise be crimes (often in a general way, not defined explicitly as part of each crime), rendering them not crimes when done out of necessity meeting the applicable legal standard. So, this isn't that odd.
- kpil 10y agoYes. You are allowed to drive under the influence of alcohol if you are trying to save someones life. Or even shoot someone, as long as you could reasonably expect that your or someone else life was in danger. Even if it turns out that there was no real danger, for instance you where threatened with an unloaded or even a fake gun. If you are very hungry, and steel a sausage, the crime compared to the need is very low.
- ta0967 10y agoi've read you comment, and it looks to me like this is a fair rephrasing. can you offer better alternatives where i mischaracterize your position? * you are allowed to drive under the influence of alcohol and endager other people's lives * you are allowed to kill another as long as they weren't 100% obviously harmless * stealing food is worse than threatening or terminating others' lives
- kpil 10y agoI'm sorry. Steeling food for a small amount when you are out of means and you are starving is not a crime. It seems as this is the law here in Sweden. The factors in play are that you could reasonably be expected to be helped out of danger by the government, at least here.