Judgment No. 24487 of 2023: Deception through Silence in Cases of Fraud

The recent judgment no. 24487 of April 18, 2023, filed on June 7, 2023, offers significant insights into understanding the dynamics of fraud in the context of monetary obligations. The case involved M. P., accused of failing to communicate the death of a pension beneficiary to INPS, while continuing to unlawfully receive pension payments. This situation frames a crucial issue: to what extent can a subject's silence be considered a deception?

The Deception as Conduct of Fraud

According to the Court of Cassation, silence regarding significant events, such as the death of a pension beneficiary, can constitute deceptive conduct. In particular, the judgment emphasizes that the omission of communication about the subsequent death of a person, while being a passive behavior, can have active effects in misleading the debtor regarding the persistence of an obligation. In this case, M. P.'s conduct was not limited to mere silence but extended to the fraudulent exercise of powers derived from a special mandate to operate on a bank account.

Silence maintained regarding an event whose occurrence determines the cessation of the monetary obligation - Suitability to integrate a deception - Conditions - Case. In terms of fraud, the conduct of deception is constituted by silence on the subsequent occurrence of an event, which constitutes the prerequisite for the continuation of a periodic monetary obligation, provided that the silence of the beneficiary, albeit indirect, of said performance is actively aimed at misleading the debtor about the persistence of the cause of the obligation. (Case in which it was deemed that the behavior was fraudulent not only for the failure to communicate to INPS the death of the pension beneficiary but also for the fraudulent exercise by the defendant, following this event, of powers derived from the issuance of a special mandate to operate on the bank account on which pension payments were credited, a conduct suitable to mislead the institution about the existence of the right-holder alive).

Implications and Legal References

The judgment draws attention to important articles of the Penal Code, such as Article 640, which regulates fraud, and Article 646, which deals with document falsification. The Court of Cassation, citing previous rulings, reiterated that M. P.'s behavior constitutes deceptive conduct to be considered for the purposes of punishment. This jurisprudential orientation highlights how silence, under certain circumstances, cannot be considered a mere passive attitude but rather an act of active deceit.

  • Silence as an element of deception
  • Monetary obligation and its cessation
  • Relevant legal references

Conclusions

Judgment no. 24487 of 2023 represents an important clarification regarding fraud, highlighting that silence on relevant events can assume a criminally significant value. It is essential for legal professionals, as well as citizens, to understand the implications of such behaviors, as jurisprudence tends to severely sanction conduct aimed at deceiving institutions and perpetuating fraud. In a context where transparency and communication are essential, this judgment invites reflection on the importance of ethical and responsible behavior.

Bianucci Law Firm