Water Theft and Flagrante Delicto: Ruling 19053/2025 Redefines the Boundaries of Prolonged Offence

Water, an essential resource, is often the subject of illicit withdrawals that generate complex legal issues. The Court of Cassation, with its recent ruling no. 19053 of April 24, 2025 (filed on May 21, 2025), has provided a fundamental clarification regarding the theft of drinking water through illegal connections to the water supply network. This decision, presided over by Dr. R. P. and drafted by Dr. I. S., addresses a crucial aspect for the application of precautionary personal measures: the configuration of the state of flagrante delicto. Understanding this ruling is vital not only for legal professionals but also for citizens, as it impacts the protection of a primary good and legal certainty.

The Context of Water Theft: A Peculiar Offence

Theft, under Article 624 of the Italian Criminal Code, consists of taking possession of another's movable property, removing it from its holder, with the intent of deriving profit. In the specific case of water, and particularly drinking water taken from the public water supply network, the offence presents peculiarities. It is not an instantaneous action but a conduct that continues over time, constituting what is technically termed a "prolonged offence" or "fractionated conduct." This means that the illicit withdrawal is not exhausted by the mere act of connection but continues as long as the water is being illegally captured. The aggravating circumstances provided for by Article 625 of the Criminal Code, such as the use of fraudulent means, are often alleged in these cases, given the insidious nature of illegal connections.

Flagrante Delicto: When is Arrest Permitted?

The state of flagrante delicto is a legal condition that allows for the immediate arrest of the perpetrator of an offence, even without a judicial order, by judicial police or, in certain cases, by any citizen (Articles 380 and 382 of the Italian Code of Criminal Procedure). Traditionally, flagrante delicto occurs when a person is caught in the act of committing the offence, or immediately thereafter, or is pursued by judicial police or the victim. But how does this principle apply to an offence that, by its nature, is not exhausted in a single moment, such as water theft? The ruling in question answers precisely this question, annulling without referral the decision of the Court of Pisa of November 14, 2024, which concerned the defendant G. B.

In the matter of drinking water theft carried out through illegal connections to the water supply network, given that it is a prolonged offence or one of fractionated conduct, the commission of which ceases with the last withdrawal, the state of flagrante delicto, which permits arrest, does not presuppose that the perpetrator of the theft is caught in the act of making the illegal connection, but it is sufficient that, at the time of the judicial police's intervention, the water capture is still ongoing.

This principle is of fundamental importance because it clarifies an often controversial aspect in the application of precautionary measures. The Court, with this ruling, establishes that it is not necessary to catch the perpetrator of the theft in the physical act of "tampering with the meter" or making the illegal connection. On the contrary, it is sufficient that the illicit conduct, i.e., the capture and withdrawal of water, is "still ongoing" at the time of law enforcement intervention. This means that, even if the connection was made days or weeks earlier, if water continues to be illegally withdrawn, the offence is still in the process of being committed. This interpretation extends the possibility of proceeding with arrest in flagrante delicto, making the repression of such illicit conduct more effective. The decision aligns with previous case law (such as rulings Rv. 246294-01 of 2010 and Rv. 274501-01 of 2018) that have already addressed the nature of prolonged offences for similar situations.

• Greater Effectiveness: Law enforcement can intervene and proceed with arrest even some time after the connection has been made, provided the illicit withdrawal is ongoing.
• Protection of Resources: It contributes to more incisive protection of water resources, discouraging illegal connections.
• Legal Certainty: It provides a clearer framework for legal professionals on the correct application of procedural rules in these specific contexts.

Conclusions: An Important Step for Justice

Ruling no. 19053/2025 of the Court of Cassation represents a significant piece in the landscape of Italian criminal law, particularly concerning property offences and the management of essential resources. By reiterating the nature of prolonged offence for water theft through illegal connections, and clarifying the boundaries of flagrante delicto, the Supreme Court offers clear and pragmatic guidance. This not only facilitates the action of judicial police in combating illicit activities but also strengthens the principle of legality and the protection of primary goods such as drinking water, which is essential for the community. The decision helps to make the application of criminal laws easier in a sector where the complexity of illicit conduct requires careful and precise interpretations.