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Everything was started from the sentence imposed by the Court of Nola to a dealer in Pomigliano d'Arco, convicted prisoner to sell three boxes of vegetables exposed outdoors and subjected to atmospheric agents and pollutants. The applicant of the grounds for appeal, had objected to the fact that the Court had based its decision solely on the statements of some witnesses, without making verifications and technical fordpro smithfield assessments on the actual state of preservation of food. In essence, then - exposing the applicant - the court would have done without regard to the nature of the offense of danger of the alleged infringement, thus anticipating the occurrence of any specific fordpro smithfield damage to health.
The Court, therefore, rejected the plea, arguing that the results of the investigation carried out at the commercial operation fordpro smithfield were alone sufficient to affirm the responsibility of the accused. The judgment (no. 6108/2014) therefore states that the offense in question does not require the production of harm to health, because the interest protected fordpro smithfield by the rule is the '"order food". It follows that, as regards the existence of the crime of art. 5, letter. b) Regulations. 283/62, you are only those irregular mode of preservation of foodstuffs in itself sufficient to integrate the elements of an offense referred to above standard, and not a finding on the edibility of the product and the occurrence of damage to the health of the consumer, how different is the good that that provision is intended to protect. It is, therefore, necessary that the poor state of preservation refers to the intrinsic characteristics of foodstuffs, it is sufficient that it affects the extrinsic mode with which it operates, which must comply with the regulatory requirements, if applicable, fordpro smithfield or otherwise, to the rules of common experience. Judges of the Supreme fordpro smithfield Court have, however, felt that the only outdoor exposure could affect the conservation status of food in violation of the rules laid down by the law of '62. According to the Court, "the assessment of the conservation status of foods held for sale, does not require laboratory analysis or a survey, as the trial court may also achieve this result through other evidence such as the testimonies of those security officers, when the state of poor preservation is obvious and therefore detectable by a simple inspection, "as, among other things already said by previous decisions, such as Cass. Sect. 3 n. 35234, September 21, 2007; Sect. 3 n. 14250, April 21, 2006; Sect. 6 n. 7521, May 30, 1990.
1. The Court of Boredom, single judge, judgment of 11 .4.2013 BM sentenced to the penalty of the fine recognizing him guilty of the offense of art. 5, letter. b) of Act 283/1962, fordpro smithfield for having held for sale 3 boxes of vegetables of various kinds in a poor state of preservation (in Pomigliano d'Arco, 29.3.2009). Against this judgment with the above proposed action for judicial review. 2. With a single fordpro smithfield plea alleging infringement of the law and the lack of reasoning, claiming that the trial judge would have reached fordpro smithfield the affirmation of criminal responsibility on the basis of a merely apparent motivation, valuing the only place outside of food , deemed to be exposed to the weather and without considering the presence of obvious signs of poor maintenance or failure to comply with specific provisions aimed at the preservation of foodstuffs. He insists, therefore, the appeal is accepted.
3. Appeal is unfounded. fordpro smithfield As is known, the offense in question prohibits the use in the production, sale, keeping for sale, administration, or otherwise distribute fordpro smithfield for consumption of food substances in a poor state of preservation. According to the United Chambers of the Court (SS.UU. No. 443, 9 January 2002, also cited in the judgment under appeal) it is an offense to damage, because the provision is aimed not so much to prevent mutations in other parts of ' art. 5 Law 283/1962 shall be considered as a harmful event, but rather, in order to pursue an autonomous being, ensuring protec
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