Cass. pen., Sez. VI, Sent., 2021, n. 37509: A Case of Extortion and Fraud
Judgment no. 37509 of 2021 by the Court of Cassation represents an important clarification in criminal law regarding the distinction between the crimes of extortion and aggravated fraud committed by a public official. In this case, the official of the Provincial School Office, C.N., was initially convicted of extortion, but the Court of Appeal of Salerno subsequently qualified the act as an attempted undue inducement, reducing the penalty. The Court of Cassation then annulled this decision, drawing attention to the correct application of the regulations and the principle of law.
The Distinction between Extortion and Fraud
The Court of Cassation clarifies that the crimes of extortion and undue inducement, although both involve the abuse of public function, differ substantially. While in extortion the public agent forces the private individual to promise an undue advantage, in fraud the public official deceives the victim into believing that the performance is owed. The ruling specifies that in the case of extortion, the presence of a threat or coercion is fundamental, while in fraud, deception is central.
The distinction between the crime of undue inducement and that of fraud lies in the fact that in the former case, the private individual remains fully aware of the non-owed nature of the performance given or promised.
Analysis of the Judgment
In the specific case, C.N. abused his position to obtain a payment of one thousand euros from D.M.V.A. to unblock a pension application. The Court of Appeal had erroneously believed that D.M. was aware of the illegality. However, the Cassation Court highlighted that the victim had been deceived and, therefore, was unable to recognize the illegality of the request. This incorrect application of the law led to confusion in the qualification of the crime, which should instead have been considered aggravated fraud.
- Extortion requires an abuse of power and coercion.
- Fraud involves deception and violation of good faith.
- The legal distinction is crucial for the correct application of the penalty.
Conclusions
Judgment no. 37509 of 2021 by the Court of Cassation emphasizes the importance of a correct legal qualification of acts, especially when it comes to crimes committed by public officials. The decision annulled the ruling of the Court of Appeal of Salerno, remanding the case for a new judgment, in order to respect the principle of law. This case represents an important lesson for the Italian legal system, highlighting how clarity in the distinction between various crimes helps ensure adequate and proportionate justice.
