Judgment No. 39599 of 2024: Analysis of the Offense of Dangerous Throwing of Objects

Judgment No. 39599 of September 12, 2024, issued by the Court of Appeal of Messina, offers important insights into liability in cases of dangerous throwing of objects. In particular, the core of the decision revolves around the interpretation of the expression "use by others" in relation to a private place, a topic of significant interest to jurists and legal practitioners.

The Meaning of "Use by Others"

The Court clarified that, in the context of the offense of dangerous throwing of objects, the expression "use by others" refers to any legitimate faculty of use of an area by a person other than the perpetrator. This can arise from exclusive rights, rights "in re aliena" (rights over another's property), or obligations. The definition is further broadened to include situations where the use of the area is granted merely by sufferance. In the specific case examined, the Court held that a plot of land available to a company could be considered a private place for "use by others," as both employees and third parties could access it.

Offense of dangerous throwing of objects - Expression "use by others" referring to a private place - Meaning - Case facts. Regarding the offense of dangerous throwing of objects, the expression "use by others," when referring to a private place, identifies any legitimate faculty, arising from an exclusive subjective right, a right "in re aliena," or an obligation, or from mere sufferance by whoever can grant it, to make use of the area for some need, belonging to a person other than the perpetrator. (Case facts where the Court considered a plot of land available to a company, to which the company's employees and third parties could access and on which waste produced by the company had been deposited in an uncontrolled manner, to be a private place for use by others). (Cf.: No. 6939 of 1989, Rv. No. 184308-01).

Liability Arising from Dangerous Throwing of Objects

The judgment is part of a broader context of liability for environmental damage and pollution. According to Article 674 of the Italian Penal Code, anyone who throws or abandons objects in a manner that endangers public health is punished with sanctions that may vary depending on the severity of the conduct. It is therefore crucial to understand how the definition of "use by others" can influence situations of liability, especially for companies operating in contexts where waste may be inadequately managed.

Conclusions

Judgment No. 39599 of 2024 represents a significant step forward in clarifying the concept of "use by others" and in defining the liabilities associated with the dangerous throwing of objects. The distinction between private use and use by others is crucial for determining the legal consequences of potentially harmful behaviors. It is evident that jurisprudence will continue to evolve in this area, requiring constant attention from those involved in criminal law and environmental liability.