With a note the association ANUUMigrators wanted to deepen two important decisions on the subject of hunting sampling in derogation. In particular, reference was made to a sentence a few months ago of Criminal Court of Verona. On that occasion, the judge acquitted 20 hunters (because the fact no longer constitutes a crime) who had been stopped five years earlier by the Provincial Police and whose badges had been examined. The policemen judged the behavior illegal for having killed some species in derogation despite the respect of the regional resolution of the Veneto as regards that hunting season.
By the way, just before the Court of Justice of the European Commission had established that a directive cannot have the effect of aggravating the criminal liability of the accused, regardless of the domestic law of a member state.
The Veronese Court acquitted the hunters also taking into account a 2010 sentence of the Constitutional Court, according to which the effectiveness of a directive is admitted only if a right recognized to the citizen depends on this text. This means that the accused hunters had carried out the hunting activity in compliance with the law in force: at the same time the responsibilities of individuals cannot be derived from community laws, among other things also retroactively.