Contractual Fraud: The Court of Cassation and the Consummation of the Offence (Judgment no. 9092/2024)

Contractual fraud represents one of the most complex and debated offences in Italian criminal law, intersecting negotiation dynamics with fraudulent conduct. Understanding the exact moment when this crime is consummated is not merely a matter of legal technique but is crucial for establishing criminal liability and protecting victims. In this context, the recent ruling by the Court of Cassation, Judgment no. 9092 of 12/12/2024 (filed 04/03/2025), offers significant clarification, outlining precise criteria for identifying the moment of consummation of the offence.

Contractual Fraud: Definition and Critical Issues in Italian Law

Fraud, governed by Article 640 of the Criminal Code, occurs when someone, through artifices or ruses, induces another person into error, thereby obtaining an unjust profit to the detriment of another. Its "contractual" form arises when deception is embedded within a contractual agreement, leading the victim to enter into a contract that, without the fraud, they would never have concluded. The main difficulty often lies in determining when the damage to the victim has materialised and, consequently, when the offence can be considered complete. This aspect is fundamental for the application of procedural rules and for the correct legal qualification of the conduct.

In matters of contractual fraud, the moment of consummation of the offence must be identified in light of the peculiarities of the agreement and the specific contractual intent, taking into account the methods and timing of the conduct, in order to establish when the actual prejudice to the injured party occurred, with the corresponding attainment of unjust profit by the perpetrator.

This maxim, extracted from judgment no. 9092/2024, clearly summarises the Supreme Court's orientation. It is not enough that fraudulent conduct occurred or that a flawed contract was simply signed. What matters is "when" the economic damage to the victim materialised and, concurrently, the unjust profit for the perpetrator. The Court of Cassation invites us to look beyond the formal act, to analyse the specific dynamics of the agreement and the real consequences of the conduct. This means that each case must be assessed in its singularity, considering not only the act of payment or signing, but the entire sequence of events leading to the actual prejudice.

Judgment no. 9092/2024: Actual Prejudice and the Moment of Consummation

The judgment in question, which involved A. S. as the defendant, offers a fitting example of this interpretation. In this case, the goods subject to the fraud had been paid for by the victim via bank transfer. However, the Court of Cassation, presided over by Dr. G. Verga and with Dr. G. Marra as rapporteur, held that the actual prejudice to the victim had not occurred at the moment of payment. On the contrary, the offence was consummated only when the goods, already paid for, were removed from the storage location without the buyer's knowledge, effectively preventing them from collecting what was due. This decision marks a fundamental distinction, highlighting that the key element is the deprivation of the availability of the goods, a moment that may not coincide with the initial phase of the contract or payment. The Court provided clear criteria for identifying the moment of consummation:

• The peculiarities of the agreement and the specific contractual intent.
• The methods and timing of the fraudulent conduct.
• The moment when the actual prejudice to the injured party occurred.
• The attainment of unjust profit by the perpetrator.

Conclusions: A Beacon for Justice and Legal Protection

Judgment no. 9092/2024 of the Court of Cassation represents an essential reference point for the interpretation of the moment of consummation of contractual fraud. It reinforces the principle that criminal protection intervenes when the damage to the victim is actual and irreversible, thus providing greater clarity for legal professionals and citizens. For those facing similar situations, whether as victims or as suspects, it is crucial to seek expert legal advice that can analyse every detail of the case in light of this established and evolving jurisprudence. Our law firm is available to offer assistance and protect your rights in these complex situations.