Dog barks: it is crime?
The neighbor's dog barks and disturbs. Problem not easy to solve. Firstly because every animal has the right to "speak", and therefore the dog to bark. They are "sentient" beings, the Court of Cassation explained, and suffering cannot be inflicted on them, such as closing their mouths with a muzzle even when they are at home. Furthermore, anyone can keep a pet in their apartment: not even the condominium regulations can prevent this (unless it has been approved unanimously). On the other hand, however, there is private property which must be respected not only in terms of material intrusions, but also sound ones. You cannot make so much noise that your "brain" and body cannot rest. And then, when all methods of peaceful resolution have been tried, it is normal to ask: if the dog barks, is it a crime?
First of all, it is a question of understanding whether the dog's barking causes disturbance or whether the sound emissions attributable to the barking dog exceed the normal tolerability or not (this excess can be assessed with phonometric assessments, see par. 2.3). If it exceeds it, we are faced with an offense. All that remains is to define "what type of offense" occurs, i.e. whether it is of a civil nature (and, therefore, beyond
to the orderto stop the harassment, also entails compensation for the damage) or of a criminal nature (and, therefore, in addition to the possible seizure of the animal, in the case of danger of repetition of the act, there may also be a crime). The boundary between civil and criminal is not the size of the sound but the number of victims. The greater the number of people woken up by the barking dog, the closer we are to the crime; if, however, only the owners of the apartments closest to the one where the animal lives are disturbed, we are in the civil sphere. Moreover, the provision of the penal code protects public peace, that is, the community.
In light of what we have just said, it is possible to understand if and when to report the dog's owner: the noises must be such that they can be perceived at least by a large part of the building in which you live and/or by those of the neighboring buildings. If these details are not present, it will be difficult for the Carabinieri or the police to draw up a report.
To cite some practical cases, with a sentence issued on 5 March 2019, a woman was convicted and fined for the crime of disturbing the peace foreseen and punished by art. 659 of the penal code: “in terms of disturbing people's occupations and rest for the integration of the crime provided for by art. 659 cod. pen. the suitability of the conduct to cause disturbance to an indeterminate number of people is sufficient, as there is no need for actual disturbance to them".
“The actual suitability of the noise emissions to cause harm to an indeterminate number of people constitutes an assessment of fact left to the appreciation of the judge of merit, who is not required to rely exclusively on the completion of specific technical investigations, being able to establish one's belief in other evidentiary elements (such as the testimonial statements of those who are able to report the characteristics and effects of the perceived noises) capable of demonstrating the existence of a phenomenon capable of objectively causing disturbance of public peace".
The Supreme Court considers the sentence correct: the woman, apparently, did not prevent the barking of the twenty-two dogs kept regularly in her home, causing disturbance to the neighbors. The Supreme Court deemed the conviction correct based on the numerous testimonies of the neighbors.
The woman's house is located in an avenue with numerous villas. According to witnesses, the dogs barked incessantly at all hours. The Territorial Court considered it unquestionable in terms of legitimacy that the dogs, by barking habitually and in unison, generated annoying noises capable of causing objective disturbance to public peace, exceeding the limits of normal tolerability.
Disturbing the peace: the crime is triggered if the dogs bark all night
It is sufficient for the dogs to cause disturbance to an indeterminate number of people.
“In terms of disturbing people's occupations and rest, .. for the integration of the crime provided for by art. 659 cod. pen. the suitability of the conduct to cause disturbance to an indeterminate number of people is sufficient, as actual disturbance to them is not necessary."
“The actual suitability of the noise emissions to cause harm to an indeterminate number of people constitutes an assessment of fact left to the appreciation of the judge of merit, who is not required to rely exclusively on the completion of specific technical investigations, being able to establish one's belief in other evidentiary elements (such as the testimonial statements of those who are able to report the characteristics and effects of the perceived noises) capable of demonstrating the existence of a phenomenon capable of objectively causing disturbance of public peace".
These are the principles reiterated by the Third Criminal Section of the Court of Cassation by virtue of which, with the sentence of 5 March 2019, the conviction of a woman for the crime of disturbing the peace foreseen and punished by art. 659 of the penal code because, by not preventing the barking of the twenty-two dogs regularly kept in his home, he caused disturbance to the neighbors.
The Supreme Court deemed the conviction correct, which based the assertion of responsibility on the converging statements made by the witnesses examined, who reported that the accused's home was located in an inhabited avenue, where numerous villas were located, and that the barking of the detained dogs
by the accused
they were incessant (at all hours of the day and night) and annoying precisely because they were continuous. The Territorial Court therefore held with appreciation that it was effectively immune from censure, and therefore unquestionable in terms of legitimacy, that the dogs, by barking habitually and in unison, generated annoying noises capable of causing objective disturbance to public peace, exceeding the limits of normal tolerability.
Dog barks: it is crime?
The neighbor's dog barks and disturbs. Problem not easy to solve. Firstly because every animal has the right to "speak", and therefore the dog to bark. They are "sentient" beings, the Court of Cassation explained, and suffering cannot be inflicted on them, such as closing their mouths with a muzzle even when they are at home. Furthermore, anyone can keep a pet in their apartment: not even the condominium regulations can prevent this (unless it has been approved unanimously). On the other hand, however, there is private property which must be respected not only in terms of material intrusions, but also sound ones. You cannot make so much noise that your "brain" and body cannot rest. And then, when all methods of peaceful resolution have been tried, it is normal to ask: if the dog barks, is it a crime?
First of all, it is a question of understanding whether the dog's barking causes disturbance or whether the sound emissions attributable to the barking dog exceed the normal tolerability or not (this excess can be assessed with phonometric assessments, see par. 2.3). If it exceeds it, we are faced with an offense. All that remains is to define "what type of offense" occurs, i.e. whether it is of a civil nature (and, therefore, beyond to the orderto stop the harassment, also entails compensation for the damage) or of a criminal nature (and, therefore, in addition to the possible seizure of the animal, in the case of danger of repetition of the act, there may also be a crime). The boundary between civil and criminal is not the size of the sound but the number of victims. The greater the number of people woken up by the barking dog, the closer we are to the crime; if, however, only the owners of the apartments closest to the one where the animal lives are disturbed, we are in the civil sphere. Moreover, the provision of the penal code protects public peace, that is, the community.
In light of what we have just said, it is possible to understand if and when to report the dog's owner: the noises must be such that they can be perceived at least by a large part of the building in which you live and/or by those of the neighboring buildings. If these details are not present, it will be difficult for the Carabinieri or the police to draw up a report.
To cite some practical cases, with a sentence issued on 5 March 2019, a woman was convicted and fined for the crime of disturbing the peace foreseen and punished by art. 659 of the penal code: “in terms of disturbing people's occupations and rest for the integration of the crime provided for by art. 659 cod. pen. the suitability of the conduct to cause disturbance to an indeterminate number of people is sufficient, as there is no need for actual disturbance to them".
“The actual suitability of the noise emissions to cause harm to an indeterminate number of people constitutes an assessment of fact left to the appreciation of the judge of merit, who is not required to rely exclusively on the completion of specific technical investigations, being able to establish one's belief in other evidentiary elements (such as the testimonial statements of those who are able to report the characteristics and effects of the perceived noises) capable of demonstrating the existence of a phenomenon capable of objectively causing disturbance of public peace".
The Supreme Court considers the sentence correct: the woman, apparently, did not prevent the barking of the twenty-two dogs kept regularly in her home, causing disturbance to the neighbors. The Supreme Court deemed the conviction correct based on the numerous testimonies of the neighbors.
The woman's house is located in an avenue with numerous villas. According to witnesses, the dogs barked incessantly at all hours. The Territorial Court considered it unquestionable in terms of legitimacy that the dogs, by barking habitually and in unison, generated annoying noises capable of causing objective disturbance to public peace, exceeding the limits of normal tolerability.
Disturbing the peace: the crime is triggered if the dogs bark all night
It is sufficient for the dogs to cause disturbance to an indeterminate number of people.
“In terms of disturbing people's occupations and rest, .. for the integration of the crime provided for by art. 659 cod. pen. the suitability of the conduct to cause disturbance to an indeterminate number of people is sufficient, as actual disturbance to them is not necessary."
“The actual suitability of the noise emissions to cause harm to an indeterminate number of people constitutes an assessment of fact left to the appreciation of the judge of merit, who is not required to rely exclusively on the completion of specific technical investigations, being able to establish one's belief in other evidentiary elements (such as the testimonial statements of those who are able to report the characteristics and effects of the perceived noises) capable of demonstrating the existence of a phenomenon capable of objectively causing disturbance of public peace".
These are the principles reiterated by the Third Criminal Section of the Court of Cassation by virtue of which, with the sentence of 5 March 2019, the conviction of a woman for the crime of disturbing the peace foreseen and punished by art. 659 of the penal code because, by not preventing the barking of the twenty-two dogs regularly kept in his home, he caused disturbance to the neighbors.
The Supreme Court deemed the conviction correct, which based the assertion of responsibility on the converging statements made by the witnesses examined, who reported that the accused's home was located in an inhabited avenue, where numerous villas were located, and that the barking of the detained dogs by the accused they were incessant (at all hours of the day and night) and annoying precisely because they were continuous. The Territorial Court therefore held with appreciation that it was effectively immune from censure, and therefore unquestionable in terms of legitimacy, that the dogs, by barking habitually and in unison, generated annoying noises capable of causing objective disturbance to public peace, exceeding the limits of normal tolerability.