Disturbance of people's rest: crime or administrative offence?

With reference to noisy activities or professions, the scope of operation of article 659 of the Criminal Code must be identified in the sense that, if the mere exceeding of the noise emission limit values set by the laws and presidential decrees on the matter occurs, only the administrative offense referred to in article 10, paragraph 2, of law 26 October 1995 n. 447 (framework law on noise pollution); when, however, the conduct has resulted in the violation of other provisions of the law or provisions of the authority which regulate the exercise of the activity and profession, the contravention sanctioned by article 659, paragraph 2, of the Criminal Code is constituted; while, in the event that the activity and profession are carried out in excess of the normal operating activities, thus engaging in conduct capable of disturbing the public peace, the fact constitutes the violation provided for by article 659, paragraph 1, of the Criminal Code .

Criminal Cassation section III, 06/04/2017, n. 39454