Theft of Electricity: Commentary on Judgment No. 13776 of 2024

Judgment No. 13776 of 2024, issued by the Court of Cassation, provides important insights regarding the criminal discipline of theft of electricity, particularly in light of the recent legislative changes introduced by the so-called Cartabia Reform (Legislative Decree No. 150 of 2022). The decision, which rejects the appeal of the public prosecutor, clarifies the procedural regime of the offenses of theft of electricity, in relation to the expiration of the terms for filing a complaint.

The Legal Context and the Changes of the Cartabia Reform

Before the Cartabia Reform, theft of electricity was always prosecutable ex officio, but with the enactment of the new provisions, this crime has become prosecutable by complaint. In practice, this means that to pursue the responsible party criminally, a report from the injured party is necessary.

The Court emphasized that, in the case of theft of electricity aggravated by the use of fraudulent means, the assertion of the aggravating circumstance of being intended for public service is irrelevant if made after the deadline for filing the complaint. This implies that if the complaint has not been filed within the prescribed time, the aggravating circumstance cannot be used to make the crime prosecutable ex officio.

The Maxim of the Judgment and Its Interpretation

Theft of electricity - Use of fraudulent means - Prosecutability by complaint - Expiration of the term referred to in Article 85 of Legislative Decree No. 150 of 2022 (so-called Cartabia Reform) - Supplemental assertion of the aggravating circumstance of being intended for public service - Relevance - Exclusion - Case. In the matter of theft of electricity aggravated by fraudulent use, which has become prosecutable by complaint due to the amendment introduced by Legislative Decree No. 150 of October 10, 2022, the assertion of the aggravating circumstance of being intended for public service, which makes the crime prosecutable ex officio, is not relevant if it has been made after the expiration of the deadline for filing the complaint by the injured party.

This maxim highlights a crucial aspect: the timeliness of the complaint is fundamental for the prosecutability of the crime. If the complaint is not filed within the established deadlines, the crime cannot be prosecuted, even if there are aggravating circumstances that, in other contexts, could trigger prosecutability ex officio.

Final Considerations on the Judgment

Judgment No. 13776 of 2024 fits into an evolving legal context, where the Cartabia Reform has introduced significant novelties in the prosecutability of crimes. It is essential that citizens are aware of these changes, as the timeliness in filing a complaint becomes a crucial aspect for the prosecution of crimes such as theft of electricity. The decision of the Court of Cassation not only clarifies the application of the law but also invites reflection on the importance of timely action by the injured party.

Bianucci Law Firm