Fraud and the Right to File a Complaint: Commentary on Judgment No. 15134 of 2024

The judgment No. 15134 of February 7, 2024, issued by the Court of Appeal of L'Aquila, provides an important interpretation of the right to file a complaint in matters of fraud. In particular, it clarifies that the legitimacy to file a complaint is not only granted to the person directly deceived but also to those who have suffered financial damage due to the unlawful conduct. This aspect is of considerable importance in understanding the rights of victims in fraud situations.

The Legitimacy to File a Complaint

The Court established that

"Victim of the crime - Holder of the property affected by the fraudulent conduct - Induction of error in another subject in possession of the defrauded good - Legitimacy of the latter to file a complaint - Existence - Reasons."
In matters of fraud, the ownership of the right to file a complaint belongs both to the deceived subject who has materially been deprived of the property that the unlawful conduct targeted, and to the subject who has suffered financial damage, that is, to the one who claims ownership of the illegally obtained property, as the coexistence of multiple passive subjects of the same crime is possible.

This ruling clarifies that in cases of fraud, legal action can be taken by multiple subjects, thus expanding the protection of victims. It is not uncommon for there to be several people involved in fraud situations, each of whom may have suffered direct or indirect damage. This is particularly important in a context where property crimes are increasingly widespread and complex.

Practical Implications of the Judgment

The practical implications of this judgment are numerous:

  • Expansion of the legitimacy to file a complaint, benefiting multiple subjects;
  • Greater protection for those who have not been directly deceived but have suffered damage;
  • Recognition of the coexistence of multiple damages arising from the same crime.

This decision represents a step forward in the protection of the rights of fraud victims, making justice more accessible to those who have suffered economic injustices.

Conclusions

In conclusion, judgment No. 15134 of 2024 by the Court of Appeal of L'Aquila reinforces the right to file a complaint in matters of fraud, recognizing the legitimacy not only for those who have been directly deceived but also for those who have suffered financial damage. This approach not only expands legal protection for victims but also contributes to greater social and legal accountability concerning property crimes. It is essential that those who have suffered damage feel entitled to defend their rights and seek justice.

Bianucci Law Firm