Judgment No. 27136 of 2023: Territorial Competence in Insurance Fraud

The judgment No. 27136 of May 18, 2023, from the Criminal Court of Milan provides important insights into territorial competence in cases of insurance fraud. In particular, the Court established that competence is determined in the place where the legal headquarters of the insurance company receiving the false documentation necessary for the contract's completion is located. This principle is of fundamental importance for understanding the legal dynamics surrounding fraud in the insurance sector.

The Maxim of the Judgment

Fraud by the submission of false documentation for the signing of a policy - Territorial competence - Identification - Place where the legal headquarters of the insurance company receiving the false documentation is located. Territorial competence regarding the crime referred to in Article 642 of the Penal Code, in the case of falsification of the documentation required for the signing of an insurance policy, is determined in the place where the legal headquarters of the insurance company receiving the false documentation necessary for the contract's completion is located.

This maxim highlights how jurisdiction in matters of insurance fraud is not limited to the place where the falsification occurred, but extends to the domicile of the involved insurance company. This legal aspect is essential to ensure a fair trial and to guarantee that proceedings take place in the competent court, avoiding jurisdictional conflicts and promoting greater clarity in investigations.

Regulatory References and Jurisprudence

The judgment is based on several articles of the Penal Code and the New Code of Criminal Procedure. In particular, Article 642 of the Penal Code deals with fraud, while Articles 8 and 24 bis of the New Code of Criminal Procedure address territorial competence and the methods of identifying jurisdiction. The Constitutional Court has also provided guidance on these principles, contributing to the formation of a clear regulatory framework.

  • Article 642 of the Penal Code: Fraud
  • New Code of Criminal Procedure, Article 8: Territorial Competence
  • New Code of Criminal Procedure, Article 24 bis: Further Provisions on Competence

Additionally, past jurisprudence has already addressed similar issues, as evidenced by the previous maxims cited in the judgment, which provide important continuity and consistency in the interpretation of the norms.

Conclusions

The judgment No. 27136 of 2023 from the Milan Court represents an important step forward in defining territorial competence in matters of insurance fraud. The clarity in identifying the competent court for such crimes not only facilitates investigations but also protects the rights of victims and involved parties. It is essential that legal professionals and citizens understand the importance of these principles to effectively address the legal issues related to insurance and fraud.

Bianucci Law Firm