Commentary on Judgment No. 13364 of 2024: Crime of Fraudulent Declaration and Responsibility of the User

Judgment No. 13364 of February 14, 2024, issued by the Court of Cassation, addresses a matter of significant importance in the field of tax crimes. In particular, the Court examined the configurability of the crime of fraudulent declaration through the use of invoices or other documents for non-existent transactions, establishing that this crime is prosecutable even when the false documentation has been created by the user themselves.

Regulatory and Jurisprudential Context

The crime of fraudulent declaration is governed by Legislative Decree No. 74 of March 10, 2000, which regulates tax crimes. According to Article 3, paragraph 3, of this decree, it is specified that the falsification of documents for non-existent transactions is severely punished. The Court reiterated that, even if the false documentation comes from the user, this does not exclude the existence of the crime.

Summary of the Judgment

Tax crimes - Crime of fraudulent declaration through the use of invoices or other documents for non-existent transactions - Issuance of false documentation by the same user - Configurability of the crime - Existence. In the context of tax crimes, the crime of fraudulent declaration through the use of invoices or other documents for non-existent transactions is also configurably in cases where the false documentation has been created by the user themselves, making it appear as if it comes from third parties. (In its reasoning, the Court specified that the reference to certain invoicing hypotheses contained in Article 3, paragraph 3, of Legislative Decree No. 74 of March 10, 2000, as amended by Legislative Decree No. 158 of September 24, 2015, did not alter the reciprocal specialty relationship existing between the indicated crime and that of fraudulent declaration through other artifices, provided for by Article 3 of Legislative Decree No. 74 of 2000).

Practical Implications of the Judgment

The judgment in question has significant practical implications, as it clarifies that even the creation of false documentation by the user themselves does not evade criminal responsibility. The implications of this decision are manifold:

  • Strengthening the fight against tax evasion.
  • Direct responsibility for those who create and use false documentation.
  • Clarity for professionals in the sector, who must pay attention when drafting tax documents.

Conclusions

In conclusion, Judgment No. 13364 of 2024 represents an important step forward in the fight against tax crimes. It clarifies that criminal responsibility cannot be evaded and that the use of false invoices or documents, regardless of their origin, is prosecutable. This serves as a strong signal for all those operating in the tax field, highlighting the importance of proper and transparent management of tax documentation.

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