Disfigurement of natural beauty and pollution of waters caused by a failure of the purifier País/Territorio Italia Tipo de la corte Nacional - corte superior Fecha Feb 28, 2013 Fuente UNEP, InforMEA Nombre del tribunal Corte Suprema di Cassazione- III criminal section Sede de la corte Rome Juez A. Teresi et al. Número de referencia 15986/13 Idioma Italiano Materia Desechos y sustancias peligrosas Palabra clave Sustancias peligrosas Calidad de las aguas dulces/contaminación de las aguas dulces Normas sobre calidad del agua Resumen -Chieti’s tribunal, in its separate section of Ortona, with a judgement delivered on 24/05/2012 declared P.G. guilty of the felony provided for by article 734 of the Italian Criminal Code for having altered the natural balance of Foro river by pouring polluting liquids in it. The same tribunal condemned P.G. to the payment of a fine of 3,000 euros.-The defendant filed a complaint to the Supreme Court of Cassazione claiming there was a violation of law and lack of motivation from Chieti’s tribunal part, ex article 606 b) and e) of the Italian Procedural Criminal Code. In particular, the plaintiff stated the pollution happened due to an event of force majeure. This event, as claimed by the plaintiff, consisted in the clogging of the purifier by mud in consequence of a very long storm. In consideration of this, P.G. asked for the annulment of the judgment.-The Supreme Court after an analytic and exhaustive exam, verified that the spilling of polluting liquids was caused by the obstruction of the purifying filter, happened in consequence of a guilty lack of the due attention in proving a prompt and efficient maintenance of the filter. The elements constituting the felony for by art. 734 subsisting, the court rejected the plaintiff’s complaint and finally condemned him to the payment of the fine established by the court in its first judgment in addition to the payment of the trial expenses Texto completo territorio_sentenze_254.pdf