Illegal Funding to Political Parties: Ruling No. 31169 of 2024 and Its Significance

The ruling No. 31169 of May 15, 2024, issued by the Court of Appeal of Milan, serves as an important legal reference regarding illegal funding to political parties, regulated by Article 7 of Law No. 195 of 1974. In this decision, the judges provided crucial clarifications on the time and place of the completion of the crime when funding is provided through an intermediary.

The Regulatory Context

Law No. 195 of 1974 establishes the rules on funding for political parties, aiming to ensure transparency and legality of funding sources. In particular, Article 7 imposes penalties on anyone who provides illegal funding. The central issue of the ruling concerns how and when the crime of illegal funding is considered complete, especially when the money passes through an intermediary.

The Ruling's Maxim

Crime referred to in Article 7 of Law No. 195 of 1974 - Illegal funding provided through an intermediary - Time and place of completion of the crime - Indication. The crime of illegal funding to political parties, as per Article 7 of Law No. 195 of May 2, 1974, is completed at the time and place where the funding or contribution is received by such legal entity when the funding is provided to the final recipient through an intermediary.

This maxim offers a clear indication on how to interpret the moment of completion of the crime. Essentially, illegal funding is considered consummated not at the time of the initial disbursement, but only when the intermediary actually receives the contribution. This aspect is of fundamental importance, as it determines criminal responsibility and any penalties for the parties involved.

Implications of the Ruling

  • Clarity on the role of the intermediary: The ruling clarifies that the intermediary plays a crucial role in the completion of the crime.
  • Possible criminal liabilities: Parties acting as intermediaries must be aware of the legal implications of their actions.
  • Strengthening legality in funding: This ruling contributes to greater transparency in political funding, promoting legality.

Moreover, the ruling is part of a broader regulatory context, which also includes Decree Law No. 149 of 2013 and the provisions of Law No. 13 of 2014, which have sought to combat the phenomenon of illegal funding to parties. The interpretation provided by the Court may serve as a deterrent against illegal behavior in the political sector.

Conclusions

In conclusion, ruling No. 31169 of 2024 represents a step forward in the fight against illegal funding to political parties in Italy. The clarity provided regarding the time and place of the completion of the crime offers tools for both jurisprudence and legal practitioners, fostering a more transparent and accountable political environment. It is essential that parties involved in political funding pay attention to these indications to avoid criminal penalties and contribute to a healthier political system.

Bianucci Law Firm