Commentary on Judgment No. 27372 of 2023: Embezzlement and Administrative Offenses in the LPG Sector

The judgment No. 27372 of January 13, 2023, filed on June 22, 2023, provides an important clarification on the distinction between the crime of embezzlement and the administrative offense related to the use of cylinders for the bottling of liquefied petroleum gas (LPG). The case, concerning the defendant M. G., raised significant legal questions, particularly regarding the principle of specialty and the types of offenses.

The Crime of Embezzlement and the Administrative Offense

According to the ruling of the Court of Cassation, there is no relationship of specialty between the crime of embezzlement, governed by Article 646 of the Penal Code, and the administrative offense of filling cylinders in the absence of the owner's authorization, as provided for in Article 12, paragraph 5, of Legislative Decree No. 128 of 2006. This is because the two types of offenses are heterogeneous:

  • The crime of embezzlement punishes the conduct of someone who improperly appropriates another's property.
  • The administrative offense penalizes the illegal use of the property, which can occur independently of its previous appropriation.
Crime under Article 646 of the Penal Code - Administrative offense of using cylinders without the owner's authorization under Article 12, paragraph 5, Legislative Decree No. 128 of 2006 - Principle of specialty - Exclusion - Reasons. There is no relationship of specialty between the crime of embezzlement involving cylinders for the bottling of liquefied petroleum gas (LPG) and the administrative offense of filling cylinders without the owner’s authorization, as per Article 12, paragraph 5, Legislative Decree No. 128 of 2006, as these are heterogeneous categories, given that the former punishes the appropriative conduct of the property, while the latter penalizes the activity of illegal use of the same, which can be configured regardless of its possible previous appropriation.

Legal Implications and Consequences of the Judgment

This judgment has important legal implications, as it clarifies that the two offenses, while concerning the same object (LPG cylinders), are punished based on different criteria. The Court, therefore, excluded the possibility of applying the principle of specialty, which would normally involve applying the more favorable rule for the defendant. The consequences of this decision can have a significant impact on the management of cases involving unauthorized use of gas cylinders, as the parties involved can be prosecuted for both embezzlement and administrative offenses, depending on the circumstances of the case.

Conclusions

In conclusion, judgment No. 27372 of 2023 represents an important reference point for legal practitioners in the field of criminal law. It clarifies the distinction between embezzlement and administrative offenses, highlighting the importance of verifying the specific circumstances in which such conduct occurs. This will help ensure greater legal certainty and avoid confusion in the application of the rules, while also protecting the rights of the owners of LPG cylinders.

Bianucci Law Firm