Lots of minutes
As announced in May, the minutes are pouring out due to the omitted signature of the garments: in fact, there are many hunters who believe they can mark the heads of migratory to the collection or worse at the end of the day, convinced by the statements of some regional councilor or someone who incorrectly quotes the Constitutional Court without probably having read THE JUDGMENTS (there are 3, not one). The sentences of the Constitutional Court are 3: the 249/2019 on the law of the Marche Region; the sentence 291/2019 on the law of the Lombardy Region; the sentence 126/2022 on the law of the Lombardy Region.
General principles
In judging the law of the Marche Region, the Constitutional Court has clarified A GENERAL PRINCIPLE: the heads actually killed must be marked, which means, the Court explained, that if the hunter is certain of the killing he must score immediately, if he has doubts. must ascertain the actual killing of the leader "immediately after shooting". This is a general principle of interpretation of state law and of all regional laws judged to be legitimate. In judging the Lombard Law of 2018 which required the signature "after the killing AND the recovery occurred", the Court found the rule illegitimate as the conjunction "E" meant that the animals could be marked after the collection even carried out long after the killing or that even the animals which were sure to be killed but which could not be recovered for various reasons could not be marked. The defense of the regional government argued that the law also required the marking of heads found dead and of which the killing was unknown, in addition to the obligation to immediately mark the heads that were certainly killed. And the Court said that to have that meaning, the rule had to be written with an "O" and not an "E".
Regional changes
The Region has therefore modified the law as it is today, which prescribes the signature “after killing OR recovery has taken place”. In judging it, the Court established that the rule must be interpreted taking into account the findings of the 2019 sentence "and must be correctly understood in the sense that the annotation must always be made immediately after the killing, except in cases where the killing itself, even by third parties, only takes place at the time of recovery ". Which, in light of the principle expressed in relation to the general interpretation of the norm on signature (Marche judgment), means that:
the hunter must immediately mark the killed animals (immediately after the shot);
the hunter who doubts that he has killed his prey, must ascertain the killing immediately after the shot and then, having recovered the head, mark it immediately (and certainly not at the end of the day)
the signature at the time of recovery after some time from the shot (maybe hours) can only concern garments recovered and of which the killing was unknown, even if only in mere doubt, as in the (remote) case in which more leaders of those who were shot, perhaps because they were shot down by third parties ...
It is evident that the possibility of legitimately marking the garments for collection is a completely extraordinary fact and limited to exceptional cases.
Conclusions
This is it: those who have listened to political reassurances or improvised jurists can only hope that the minutes will be canceled in the face of a rule that has only created confusion. Then everyone can listen to whoever they want, but know that in order to be in good standing, the leaders must be marked immediately after the killing even in Lombardy, especially according to the Constitutional Court, except in exceptional cases (Avv. Lorenzo Bertacchi - President of Federcaccia Lombardia).