Well, I'm not sure about Italian criminal code (couldn't find an English version of the first half), but Polish criminal code defines a crime (among other aspects) as an act whose societal harm is higher than trifling. If an act is still harmful, but in a trifling way, it would not be a crime. Now, as I said, I have not read the Italian criminal code, but I have read their criminal procedure one, and there were many similarities and obvious influences from German law in the both Italian and Polish law. So chances are there are similarities here as well. If that's the case and Italy has a similar concept of crime, it would not be beyond the scope of the law for their Supreme Court to make this ruling. They would just make a clarification what the "trifling" or their equivalent of the concept entails more precisely.