Difference between intolerable noise emissions and disturbance of the peace
The administrative offense referred to in the art. cannot be considered. 10 l. 26 October 1995, n. 447, but rather the crime referred to in art. 659, paragraph 1, of the Criminal Code, if, with reference to the exercise of noisy activities or trades, the mere exceeding of the noise emission limits established by the relevant regulatory provisions does not occur exclusively, but is implemented, exceeding the normal methods of carrying out such activities, conduct likely to disturb public peace.
(In the present case, the SC declared inadmissible the defendant's appeal against the sentence with which the court had condemned him for the crime of disturbing people's occupations or rest, despite the fact that he had been granted administrative authorization to keep their premises open during the night and play music outside the premises, on the basis of exceeding the normal methods of exercising the noisy profession, deduced from what was reported by the complainants regarding the disturbance caused to them by the music coming from the sound system installed by the accused outside his premises).
Criminal Cassation section III, 11/01/2018, n. 18522
Difference between intolerable noise emissions and disturbance of the peace
The administrative offense referred to in the art. cannot be considered. 10 l. 26 October 1995, n. 447, but rather the crime referred to in art. 659, paragraph 1, of the Criminal Code, if, with reference to the exercise of noisy activities or trades, the mere exceeding of the noise emission limits established by the relevant regulatory provisions does not occur exclusively, but is implemented, exceeding the normal methods of carrying out such activities, conduct likely to disturb public peace.
(In the present case, the SC declared inadmissible the defendant's appeal against the sentence with which the court had condemned him for the crime of disturbing people's occupations or rest, despite the fact that he had been granted administrative authorization to keep their premises open during the night and play music outside the premises, on the basis of exceeding the normal methods of exercising the noisy profession, deduced from what was reported by the complainants regarding the disturbance caused to them by the music coming from the sound system installed by the accused outside his premises).
Criminal Cassation section III, 11/01/2018, n. 18522