The Italian Supreme Court has ruled that stealing food is not a crime if the person is really needy.

Ukrainian national Roman Ostriakov was living rough in the northern Italian city of Genoa in 2011 when he was caught trying to steal some cheese and sausage worth 4.07 euros from a supermarket.

He was found guilty of theft and sentenced to six months in jail and a handed a 100-euro fine.

A court in Genoa, Italy, pictured, prosecuted Roman Ostriakov for stealing sausages and cheese from a shop

The Italian Supreme Court, pictured overturned Ostiakov's conviction claiming he was entitled to feed himself

The state prosecutor appealed the sentence on a technicality, arguing that he should not have been found guilty of theft, but rather attempted theft, because he had been caught before he had left the supermarket premises.

But Italy's Supreme Court annulled the verdict.