Noises that exceed normal tolerability

On the subject of the crime of disturbing public peace, with reference to the relationships between the crime provided for by paragraph 1 and the crime provided for by paragraph 2 of the art. 659 of the Criminal Code, the first remains absorbed into the second only if the disturbance is caused in the normal exercise of a noisy profession, while it takes on an autonomous value if the exercise of the aforementioned profession exceeds its normal modalities or constitutes immoderate use of it: the conduct sanctioned by second paragraph, essentially, is only constituted by the violation of the provisions of the law or of the provisions of the authority which regulate the exercise of the profession or trade, while the emission of noises exceeding the normal tolerability and suitable for disturbing the occupations or the rest of people falls within the provisions of paragraph 1, regardless of the sound source from which the noises come, therefore also in the case in which the abuse takes the form of an immoderate use of the typical means of exercising the noisy profession or trade.

Como Court, 11/01/2017, n. 22