Abusive exercise of financial activity: analysis of judgment no. 1795 of 2024

The recent judgment no. 1795 of December 17, 2024, by the Court of Cassation provides important clarifications regarding the crime of abusive exercise of financial activity, governed by Article 132 of Legislative Decree of September 1, 1993, no. 385. This ruling is part of a complex legal context, where the definition and consequences of such a crime play a crucial role in protecting consumers and the financial market.

Legal nature of the crime

The Court has established that the crime of abusive exercise of financial activity is an "eventually habitual" offense. This implies that the crime can manifest itself either through a single act capable of constituting it, or through the repetition of multiple homogeneous acts that generate the same offense. From this perspective, the ruling emphasizes the importance of considering the continuity of the illicit activity in assessing criminal liability.

Implications for the statute of limitations

An aspect of particular relevance addressed in the judgment concerns the calculation of the statute of limitations. The Court has clarified that, in cases of repeated illicit conduct, the statute of limitations begins to run from the last unlawful act, coinciding with the cessation of habitual conduct. This principle has direct consequences on the possibility of prosecuting individuals who have operated abusively, effectively extending the deadlines within which legal action can be initiated.

Abusive exercise of financial activity - Legal nature - "Eventually habitual" offense - Consequences in terms of calculating the statute of limitations. The crime of abusive exercise of financial activity, pursuant to art. 132, Legislative Decree of September 1, 1993, no. 385, is an "eventually habitual" offense, as it can consist of either a single act capable of constituting it, or the repetition of multiple homogeneous acts that give rise to the same offense. Therefore, in the latter case, with the moment of the commission of the crime coinciding with the cessation of habitual conduct, the statute of limitations begins to run from the commission of the last unlawful act.

Conclusions

In summary, judgment no. 1795 of 2024 by the Court of Cassation represents an important milestone in the jurisprudence concerning the abusive exercise of financial activity. It not only clarifies the "eventually habitual" nature of this crime but also offers a significant interpretation regarding the statute of limitations, which could substantially influence defense and prosecution strategies in criminal proceedings. It is essential for legal professionals and citizens to be aware of these aspects to ensure the correct application of current regulations and the safeguarding of the interests involved.