Original language

Italian

Country
Italy
Date of text
Status
Pending
Type of court
National - higher court
Sources
Court name
Corte Suprema di Cassazione
Seat of court
Rome
Reference number
18893/2011
Tagging
Criminal
Free tags
Wild species & ecosystems
Justice(s)
Ramacci, L.
Teresi, A.
Squassoni, C.
Grillo, R.
Mulliri, G.
Abstract
This case was brought before the Supreme Court by G. Ardizzoni regarding infringement of criminal law in matter of keeping of wild animals. The Tribunal of Enna had declared G. Ardizzoni guilty of ilegal keeping of protected animal species as per article 30, paragraph b of Act No. 157 of 1992, and subsequently fined him. The Tribunal held that the specimens kept by the defendant (two vultures) were protected species as per article 2 of Act No. 157 of 1992. This provision prohibits the keeping, capture and killing of certain wild mammals and birds, pursuant to international provisions in force concerning the protection and preservation of wild fauna and flora (particularly the Convention on International Trade in Endangered Species of Wild Fauna and Flora) The defendant submitted further appeal before the Supreme Court, alleging that the penalty was not applicable since the specimens were not to be considered as wild fauna. In this issue the defendant alleged that the specimens were born in captivity. In this regard, the Supreme Court noted that only wild specimens are to be included in the scope of Act No. 157 of 1992; animals of first generation born in captivity may not be defined as wild specimens. The Supreme Court therefore reversed the decision of first instance.