Italian court says no more Jean Valjeans

[Sue U]

We don't have access to the court's actual opinion here, only press accounts of it, so I would take any description of the ruling with a grain of salt. However, what I suspect the court actually held was not that it's okay to steal food if you're hungry, but that you shouldn't be criminally prosecuted for acting in violation of the law under circumstances of necessity. See if you can spot the difference. This case is not about whether shopkeepers have to offer "free food" to the indigent and peckish; it's about whether it is proper for the state to criminally penalize a person who steals a small amount of food because he does not have the resources to feed himself. Prosecutorial discretion should have disposed of this case with no charge brought as it is clearly a de minimis infraction, and it obviously cost the government a full metric fuckton more to prosecute the "offender" rather than divert him to an aid program. This is simply the court telling prosecutors not to be assholes just because they have the power to be assholes.

[Joe Guy]

So the thief in this situation can be held liable in a civil case but should not be prosecuted as a criminal. Makes sense to me.

[Scooter]

The thing that got me was they gave him six months for stealing 4 euros worth of stuff. Even if someone did not want to go as far as to absolve him completely, by any standard that is grossly disproportionate. By Italian standards, where politicians and other pezzonovantes get away with house arrest for stealing millions, it should be the sentence that is deemed criminal, and not the act that attracted it.

[Sue U]

So the thief in this situation can be held liable in a civil case but should not be prosecuted as a criminal.

Technically, yes, but here the shopkeeper actually got the goods back because the man was detained before he even left the store, so there was no actual loss to be compensated. (Although even if he had eaten the cheese and sausage, with a $4.50 claim against a person who has no assets, I doubt anyone's going to file suit.)

By Italian standards, where politicians and other pezzonovantes get away with house arrest for stealing millions, it should be the sentence that is deemed criminal, and not the act that attracted it.

Hahahahaha, you must think there is "equal justice under law" or something. Whatta dope.

[Scooter]

Just call me Pollyanna.

[Gob]

The thing that got me was they gave him six months for stealing 4 euros worth of stuff.

Previous history? Still on bail for other thefts?

[Joe Guy]

In addition to his attempted theft of cheese and sausage he was once arrested for a salt.

[MajGenl.Meade]

... not to mention that battery. A2 wasn't it?