Judgment No. 27061 of 2023: The Standing of the Victim in Fraud

Judgment No. 27061 of April 28, 2023, represents an important ruling by the Court of Cassation regarding the crime of fraud. It clarifies the figure of the victim in the context of the standing to file a complaint, a crucial aspect for understanding the rights of fraud victims. The Court annulled a conviction decision, establishing that only the holder of the harmed property has the right to file a complaint, thus excluding those who were misled but did not suffer direct financial damage.

The Principle of Standing to File a Complaint

According to the principle expressed in the ruling,

Victim of the crime - Holder of the property affected by the fraudulent conduct - Misleading of another subject - Exclusion of that subject's standing to file a complaint - Specimen. In the matter of fraud, the victim of the crime, holder of the right to file a complaint, is the holder of the legal asset harmed or endangered and, therefore, the one who suffers the financial consequences of the unlawful action correlated to the unjust profit obtained by the agent, so that, in the case where the damaged party does not coincide with the misled party, the complaint filed by the latter is devoid of any effect. (Case in which the Court annulled without referral due to lack of complaint the conviction decision for the crime of online fraud, identifying as the legitimate person to file the complaint the holder of the bank account used to make the transfer to the PostePay card registered to the defendant and not the recipient of the tricks and deceit). (Conf.: No. 10259 of 1993, Rv. 195869-01).
The Court affirmed that the standing to file a complaint belongs only to those who have suffered direct damage, that is, those who hold the harmed legal asset. This means that it is not enough to have been deceived or misled; there must be a direct correlation between the fraudulent conduct and the financial loss.

Practical Implications of the Ruling

The practical implications of this ruling are significant. Among the most relevant, we can list:

  • Clarity in defining the figure of the complainant in cases of fraud.
  • The need for fraud victims to adequately document their financial situation.
  • The possibility of resorting to different legal tools for those who are misled but have not suffered direct damage.

In this context, it is essential for fraud victims to understand their rights and the ways to protect them, taking into account the specificity of the figure of the victim in criminal law.

Conclusions

In conclusion, Judgment No. 27061 of 2023 by the Court of Cassation represents a step forward in clarifying the rules regarding fraud and the standing to file a complaint. The distinction between those who have suffered financial damage and those who have simply been deceived is crucial for the protection of victims' rights. It is essential that legal professionals and the victims themselves are aware of these differences in order to act correctly and protect their interests.

Bianucci Law Firm