Food Theft ‘Not A Crime’ If Hungry: Italian Court

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Rome:  Stealing small amounts of food to stave off hunger is not a crime, Italy’s highest court of appeal has ruled. Judges overturned a theft conviction against Roman Ostriakov after he stole cheese and sausages worth €4.07 (£3; $4.50) from a supermarket.

Mr Ostriakov, a homeless man of Ukrainian background, had taken the food “in the face of the immediate and essential need for nourishment”, the court of cassation decided.

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Therefore it was not a crime, it said. A fellow customer informed the store’s security in 2011, when Mr Ostriakov attempted to leave a Genoa supermarket with two pieces of cheese and a packet of sausages in his pocket but paid only for breadsticks.

In 2015, Mr Ostriakov was convicted of theft and sentenced to six months in jail and a €100 fine. For the judges, the “right to survival prevails over property”, said an op-ed in La Stampa newspaper (in Italian).

In times of economic hardship, the court of cassation’s judgement “reminds everyone that in a civilised country not even the worst of men should starve”.

An opinion piece in Corriere Della Sera says statistics suggest 615 people are added to the ranks of the poor in Italy every day – it was “unthinkable that the law should not take note of reality”.

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