> Judges overturned a theft conviction against Roman Ostriakov after he stole cheese and sausages worth €4.07 (£3; $4.50) from a supermarket.
> Mr Ostriakov, a homeless man of Ukrainian background, had taken the food "in the face of the immediate and essential need for nourishment", the court of cassation decided.
> Therefore it was not a crime, it said.
(...)
> In 2015, Mr Ostriakov was convicted of theft and sentenced to six months in jail and a €100 fine.
Italian judicial system "does not try anybody by a jury of peers: everyone is judged by professional judges or by a panel of judges" [1]. Thus, the compassion reserved to the jury of peers (in the form of Jury Nullification) in systems like the american one would be absent from the Italian one if not for actions like the one by this judge.
Not going to enter in the merit of the cause itself (as it's very subjective and personal experience can affect the judgement) but I agree that the judicial system can and must apply discretion in its judgements.
[1] https://en.wikipedia.org/wiki/Italian_Code_of_Criminal_Proce...