Do you know that Italian comedy scene? Tourist with the saucer full of croissants, eyes that scrutinize the room, then – Zac – a complicit look and go, banana and mini nutella ended up on the bag. All normal, right? No. By Italian law, that is theft. Yes, that’s right. Theft. Complete with criminal risk.
And to confirm it is not the hotel manager with the stench under the nose, but a criminal lawyer in flesh, bones and toga: the lawyer Giuseppe Di Palo.
Spoiler: you cannot take the food away from the hotel breakfast room. And doing it could cost you dearly.
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“But I paid for breakfast!”
This is the starting error. The idea that by paying a room with “included breakfast”, you have the right to stock up on food for the rest of the day. But it doesn’t work like this.
As the Palo lawyer clarifies, the breakfast is part of a service included in the residence contract, but must be consumed in the spaces and times provided by the hotel. Taking away food, even if paid, is not authorized and can constitute theft.
You paid to access a service, not to physically appropriate food and do what you want. It is not a takeaway all you can. It’s a buffet, with rules.
The buffet is not a supermarket without crates
We forget it quickly, but everything on the buffet has a cost, and is the property of the hotel until it consumes it according to the rules. Take something and take it away without authorization is equivalent to subtracting it unduly.
Article 624 of the penal code does not joke
Here is the central point. The notorious article 624 of the penal code. Let’s read it together – Yes, seriously:
Art. 624 cp – theft:
“Anyone who takes possession of the mobile thing of others, subtracting it from those who hold it, to profit from it or for others, is punished with imprisonment from six months to three years and with a fine from € 154 to € 516.”
It means that if you approach something that is no longer yours – like the food of the buffet, out of the expected context – and draws a personal advantage, commit a crime.
And be careful: the norm does not speak of value. There is no need to steal a safe or a signed bag. Just an apple or sandwich if they are taken without right, with the will to take them away and use them for themselves.
But do they really report for two rusks?
In practice? Almonst never. The hotels – even the most rigid ones – tend to close a eye, especially if it is an isolated behavior, perhaps of a careless customer or a naive tourist.
But if the behavior becomes systematic, ostentatious, or if discussions with the staff are created, the structure can start a report or, in the most serious cases, ask for the intervention of the police. Legally it is entitled to it. Because the law is on its side.
And we are not only talking about theft: in some cases, the behavior can also be interpreted as violation of the internal regulation, with consequent immediate removal from the structure or request for compensation.
What can you do, instead?
Ask: many hotels, especially the most international ones, offer the possibility of a takeaway breakfast, especially if you start very early or if there are special needs.
Others provide, on request, small lunch boxes. Or you can buy extra snacks at the reception or in the internal bar. All in order, all transparent.
The golden rule is: don’t improvise. And don’t think that putting a brioche in the “just for” bag has no consequences.
A banal gesture, a cultural question
The real problem is cultural, in other countries, this type of behavior is seen with much more rigor. In Germany, for example, taking food from the buffet is often explicitly prohibited in the regulations posted in the room. In Switzerland or Austria, an extra extra is charged.
In Italy, we like to “be smart”. But not everything that is socially tolerated is legally lawful. And if the norm is there, it must be respected. Even if it is a banana in the napkin.
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