Judge Silvia Carpanni said the 28-year-old must stand trial despite calls from prosecutor Nicola Piacente for the case to be dismissed, Il Secolo XIX reported.
Piacente asked for clemency because of the small value of the alleged theft and the fact the man had no criminal record. He also said the case would be an additional burden on Italy's already clogged judicial system.
But lawyers representing the supermarket from where the chocolates were allegedly stolen opposed dismissing the case and Carpanni ruled that a trial must take place.
Despite having far bigger criminals to deal with, Italy comes down hard on petty theft: in November 2013, a man caught stealing an ice-cream, four chocolates and a packet of Fruit Joy – worth less than €10 – from a shop in Treviso was sentenced to five months in prison.