Data source
Date of text
28 Feb 2013
Country
Seat of court
Rome
Original language

Italian

Type of text
National - higher court
Reference number
15986/13
Court name
Corte Suprema di Cassazione- III criminal section
Justice(s)
A. Teresi et al.
Sources
InforMEA
Keywords
hazardous substance, water pollution, water quality

 -Chieti’s tribunal, in its separate section of Ortona, with a judgement delivered on 24/05/2012 declared P.G. guilty of the felony provided for by article 734 of the Italian Criminal Code for having altered the natural balance of Foro river by pouring polluting liquids in it. The same tribunal condemned P.G. to the payment of a fine of 3,000 euros.

-The defendant filed a complaint to the Supreme Court of Cassazione claiming there was a violation of law and lack of motivation from Chieti’s tribunal part, ex article 606 b) and e) of the Italian Procedural Criminal Code. In particular, the plaintiff stated the pollution happened due to an event of force majeure. This event, as claimed by the plaintiff, consisted in the clogging of the purifier by mud in consequence of a very long storm. In consideration of this, P.G. asked for the annulment of the judgment.

-The Supreme Court after an analytic and exhaustive exam, verified that the spilling of polluting liquids was caused by the obstruction of the purifying filter, happened in consequence of a guilty lack of the due attention in proving a prompt and efficient maintenance of the filter. The elements constituting the felony for by art. 734 subsisting, the court rejected the plaintiff’s complaint and finally condemned him to the payment of the fine established by the court in its first judgment in addition to the payment of the trial expenses