Conduct producing noise

The criminal relevance of the behavior producing noises, censured as a source of disturbance to people's occupations and rest, requires the impact on public tranquility, since the interest protected by the legislator is public peace, so the noises must have such a diffusivity that the disturbing event is potentially suitable for being felt by an indeterminate number of people, even if only some people can actually complain about it; this condition is verified when disturbing noises are caused and spread within a condominium (recognition of the responsibility lies with the legal representative of a shopping centre, whose technological systems - in particular air conditioners - caused intolerable disturbance to the occupants of the residential building above, included in the same building complex).

Criminal Cassation section I, 05/28/2013, n. 28874