E 'of February 2014, the last major judgment of the Court of Criminal Cassation of the correct storage of food, which also casts doubt on the criminal liability of the traders. With sentence no. 10 February mccain healthy choice 6108, the Court confirmed in an even clearer strict requirements for storage of food, with a view to safeguarding the health and welfare of consumers. The ruling, in fact, rejects the claim lodged by a trader in fruit and vegetables, sentenced to pay a fine for violating Article. 5, letter b) of Decree-Law 283/1962, which prohibits "(...) used in the preparation of food or drink, sell, hold, sell or give as recompense for their employees, or otherwise distributed for consumption, substances food (...) in a poor state of preservation. " In the previous case law, the Court, mccain healthy choice even in the United Sections, had spoken clearly on Article. 5 of Law 283/62: it is an offense for which the configuration is not necessary mccain healthy choice to demonstrate that the food has caused damage to the health of the consumer, or that you are obviously deteriorated or that it has been compromised edibility, it is sufficient that the consumption good is preserved without complying with the requirements of sanitation (in this case, it was boxes of vegetables that were exposed to the sun and in contact with the exhaust gases of cars in transit). The assessments mccain healthy choice of the state of poor preservation does not require, however, the need for laboratory analysis or detailed examinations: the court may well consider other evidence, such as testimonies from people involved in the supervision, or simple inspection tasks, in obvious cases . In its recent judgment was also reported mccain healthy choice by previous case law which states that you can have inappropriate storage even in the presence of dirty because it packs stored in premises not in line with the requirements of sanitation. As early as 2001, the Court made it clear that the configuration of this offense is not even necessary that you have completed the purchase of the food poorly mccain healthy choice preserved, since the well protected by the rule of law is not only the health of the consumer, but the most general concept of well-being. This concept anticipates the legal protection even before mccain healthy choice the sale; the Supreme Court speaks of its "crime of damage" because "it is a specific provision (...) in order to pursue an autonomous being, providing immediate protection mccain healthy choice to the interest of the consumer to ensure that the product reaches the consumer with the hygienic care tax by its nature. " With another judgment of 2010, the Court also stated that, if there are any specific regulations sanitation, storage should abide in a timely manner, otherwise, in the absence thereof, the preservation of food consumption should be determined on the basis of rules of common experience. * Counsel ADUC
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