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

The 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 things. In particular, the crux of the decision revolves around the interpretation of the expression "use by others" in relation to a private place, a topic of significant interest for jurists and legal practitioners.

The Meaning of "Use by Others"

The Court clarified that, in the context of dangerous throwing of things, the expression "use by others" refers to any legitimate right to use an area by a subject other than the agent. This can arise from exclusive rights, from rights "in re aliena," or from obligations. The definition further expands to include situations where the use of the area is granted merely by condescension. In the case examined, the Court considered that a property under the control of a company could be regarded as a private place of "use by others," as it could be accessed by both employees and third parties.

Offense of Dangerous Throwing of Things - Expression “use by others” referred to private place - Meaning - Case. In the context of dangerous throwing of things, the expression "use by others," referred to a private place, identifies any legitimate right, deriving from an exclusive subjective right, from a right "in re aliena," or from an obligation, or from mere condescension by the one who can grant it, to make use of the area for some need pertaining to a subject different from the agent. (Case in which the Court considered a property under the control of a company as a private place of use by others, where employees and third parties could access and where waste produced by the company had been deposited uncontrollably). (See: No. 6939 of 1989, Rv. No. 184308-01).

Liability Arising from Dangerous Throwing of Things

The judgment fits into a broader context of liability for environmental damage and pollution. According to Article 674 of the Penal Code, anyone who throws or abandons things in a way that poses a danger to public health is punished with penalties 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 liability situations, especially for companies operating in contexts where waste may be inadequately managed.

Conclusions

Judgment No. 39599 of 2024 represents an important advancement in clarifying the concept of "use by others" and in defining the responsibilities related to dangerous throwing of things. The distinction between private use and use by others is crucial to determine the legal consequences of potentially harmful behaviors. It is evident that jurisprudence will continue to evolve in this area, requiring constant attention from those dealing with criminal law and environmental liability.

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