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The state of anger that leads to the establishment of defamatory statements against the employer may not be the cause of criminality and not

Supreme Court, No 7073/2011
The Supreme Court has recognized as the state of anger, which leads the worker to the drafting of written communications containing defamatory statements against the company, may be due to non-punishment for the employee.
The case concerns an employee fired as a result of a complaint for sexual harassment, false light, with the promise of an alternative job which the company does not, however, kept faith, the latter fact that caused a worker in a state of uncontrollable anger that and 'led to the drafting of leaflets offensive against the company. Justices of the Peace ordered the employee to aggravated defamation, appealed to the Supreme Court against that decision to the employee, considering the sentence unjust and wrong for not taking into account the physical and psychological condition in which paid. The Supreme Court, noting that the incongruously G.di P. argued that the accused would have acted in a civil, forgetting that the psychological state of anger is a condition that blurs the rational approach to problems, accept the appeal and annulled the sentence by reference.
The Court stated that the conduct of the worker was expressive of an outburst of hatred and malice towards those who, in the mind of the accused, had done him wrong and show that the G.di P. "Should have considered: a) whether the conduct of the persons defamed integrates an unjust and therefore meets the challenge, b) if the conduct of the applicant could be seen as a reaction to this unjust act, c) if it resorted to the requirement of immediacy, bearing in mind that it is not necessary that the (...) reaction is carried out at the same time when the offense is received, it is sufficient if it takes place until the hard state of anger aroused by the provocative fact, in noting that no time has elapsed, if the delay in reaction time and depended only the nature and the specific requirements of the instruments used for twisting the offense. "