Tuesday, April 25, 2017

FRYING TONIGHT? MAYBE NOT



Since 4th April a new crime has existed in Italy and it is that of causing "olfactory nuisance" via cooking smells.  

It all began with a dispute between neighbours in a block of flats in Monfalcone [Gorizia, on the Gulf of Trieste]. A couple living in the building often cooked what must have been vast quantities of pasta sauce and fritti misti di pesce [mixed fried seafood] and the resulting odours caused real distress to another family, who said they felt as if the couple's kitchen were in their own flat. Neighbours complained of noise and smoke coming from the kitchen too.

Having been found guilty of anti-social behaviour by two courts, the couple took their case to the Cassazione, Italy's Supreme Court in Rome. There the previous two rulings were upheld and the judges decided that the crime of "olfactory nuisance" is covered by article 674 of the Italian Penal Code, which deals with the "dangerous ejection of things".  The term "things" apparently includes fume emissions and the level of tolerability is covered by article 844.  The couple were fined €2,000.

In Italy over 70,000 people a year consult their lawyer about offensive smells caused by neighbours or restaurants situated near their home.




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