«The disputed conduct does not constitute a crime, as it is neither malicious nor negligent, but the result of a situation of necessity caused by serious economic shortages». This is what we read in the reasons for the sentence with which the Court of Appeal of Reggio Calabria reformed the first instance sentence in the trial resulting from the “Dog Center” operation, named after the kennel located in the municipality of Sant’Ilario dello Jonio, acquitting all the accused with the formula “because the fact does not exist”. Among those acquitted, with respect to the sentence of the Locri court in May 2024, are Leonzio Tedesco, owner of the “Dog Center Sas” kennel, for whom a fine of 3 thousand euros was imposed; Giuseppe Rocco Giugno and Mario Morroni, respectively directors of areas C and A of the veterinary services of the ASP of Reggio Calabria; Santi Spataro, medical director of the kennel; as well as: Francesco Mediati, Beniamino Macrì, Giorgia Tedesco, Pasquale Scarfò and Sergio Marasco.
According to the magistrates of Piazza Castello, the disputed conduct does not constitute a crime, neither intentional nor negligent, but can be traced back to a situation of necessity generated by serious economic failures on the part of the municipal administrations. The Court recognized that the animals were not detained in conditions incompatible with their nature, but housed in a facility which, although initially suitable, had become inadequate solely due to lack of funds.
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