Commentary on Judgment No. 27372 of 2023: Embezzlement and Administrative Offenses in the LPG Sector
Judgment No. 27372 of January 13, 2023, filed on June 22, 2023, offers an important clarification on the distinction between the crime of embezzlement and the administrative offense concerning the use of cylinders for bottling liquefied petroleum gas (LPG). The case, involving the defendant M. G., raised legal issues of considerable relevance, particularly regarding the principle of specialty and criminal offenses.
The Crime of Embezzlement and the Administrative Offense
As established by the Court of Cassation, there is no relationship of specialty between the crime of embezzlement, governed by Article 646 of the Penal Code, and the administrative offense of filling cylinders without the owner's authorization, provided for by Article 12, paragraph 5, of Legislative Decree No. 128 of 2006. This is because the two offenses are heterogeneous:
- The crime of embezzlement punishes the conduct of anyone who unlawfully appropriates another's property.
- The administrative offense penalizes the unlawful use of property, which can occur independently of its prior appropriation.
Crime under art. 646 of the Penal Code - Administrative offense of using cylinders without the owner's authorization under art. 12, paragraph 5, of Legislative Decree No. 128 of 2006 - Principle of specialty - Exclusion - Reasons. There is no relationship of specialty between the crime of embezzlement concerning cylinders for bottling liquefied petroleum gas (LPG) and the administrative offense of filling cylinders without the owner's authorization, as per art. 12, paragraph 5, of Legislative Decree No. 128 of 2006, as these are heterogeneous offenses. The former punishes the act of appropriation of the property, while the latter penalizes the unlawful use of the same, which can be established regardless of its potential prior appropriation.
Legal Implications and Consequences of the Judgment
This judgment has significant legal implications, as it clarifies that the two offenses, despite concerning the same object (LPG cylinders), are punished based on different criteria. The Court, therefore, excluded the possibility of applying the principle of specialty, which normally would entail applying the more favorable norm for the defendant. The consequences of this decision can have a significant impact on the management of cases involving the unauthorized use of gas cylinders, as the individuals involved may be prosecuted for both embezzlement and administrative offenses, depending on the circumstances of the case.
Conclusions
In conclusion, judgment No. 27372 of 2023 represents an important reference point for legal practitioners in the field of criminal jurisprudence. It clarifies the distinction between embezzlement and administrative offenses, highlighting the importance of verifying the specific circumstances in which such conduct occurs. This will contribute to ensuring greater legal certainty and avoiding confusion in the application of norms, while also protecting the rights of LPG cylinder owners.
