新奇事件簿 因饥饿盗窃不违法（在线收听）

An Italian court has ruled that food theft brought about by hunger is not illegal. Italy's highest court of appeal, the Supreme Court of Cassation, threw out the conviction of a homeless Ukrainian man, Roman Ostriakov, who was sentenced to six months in jail for stealing cheese and a sausage worth $4.50. Mr Ostriakov was also fined $115 by the trial court. His lawyers initially appealed for a reduction in that fine and were surprised when the whole conviction was quashed. The court said Mr Ostriakov taking the food, "does not constitute a crime" because he stole a small amount of food out of desperation. The court of appeal ruled that stealing small amounts of food to stave off hunger is not a crime.

意大利法院作出裁定，因饥饿盗窃不违法。乌克兰男子罗曼·奥斯特利亚科夫曾偷取价值4.5美元的起司和香肠，并被判处六个月监禁，意大利最高上司法院撤销该判决。他还被审判法院罚款115美元。起初，代理律师曾上诉减轻罚款金额，但判决撤销却让他大感意外。据最高法院表示，在绝境中偷取少量食物不构成犯罪。据上诉法院裁定，为躲避饥饿而偷取少量食物并不违法。

Many people hope Mr Ostriakov’s case will highlight the extent of poverty and homelessness in Italy. They also believe the ruling may mean other hungry people who are arrested for shoplifting will not be convicted. Criminal lawyer Maurizio Bellacosa said the Ostriakov case, "is a new principle, and it might lead to a more frequent application of the state of necessity linked to poverty situations". The court ruled in a statement that: "People should not be punished if, forced by need, they steal small quantities of food in order to meet the basic requirement of feeding themselves." Italy's La Stampa newspaper said: "The court's decision reminds us all that in a civilised country, no one should be allowed to die of hunger."

在意大利，无家可归和贫穷问题严峻，这起案件可以提高我们对此问题的重视程度。通过该裁定，其它因饥饿而入店行窃者也能幸免于罪。刑事诉讼律师毛里齐奥·巴拉库索认为，这起案件为类似案件树立新依据，一旦再遇到因贫穷而引发的危机状态，我们也可以做到“有法可依”。法院在声明中规定：“为解决温饱等基本需求，偷取少量食物不构成犯罪。”意大利《新闻报》表示：“该项裁定告诫我们，饿死不应发生在文明社会。”