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Commentary on the Judgment of the Court of Cassation n. 26527 of 2024: Issues of Proportionality in Fiscal Sanctions

The judgment of the Court of Cassation n. 26527 of 2024 provides an important reflection on the sanctioning treatment in fiscal matters, highlighting the need to consider the proportionality of the penalty in relation to sanctions already imposed. In particular, the case concerned A.A., accused of false declaration, who raised doubts about the correctness of the imposed penalty compared to the administrative sanctions already received.

The Context of the Judgment

The Court of Appeal of Milan had sentenced A.A. to a penalty of one year and six months of imprisonment, after acknowledging his responsibility regarding fiscal irregularities. However, the defense disputed the appropriateness of the sanction, arguing that the administrative sanction of over 646,000 euros already imposed for the same violation had not been adequately considered.

The criminal judge must take into account the administrative sanctions already imposed in order to ensure the proportionality of the overall sanctioning treatment.

The Issue of Proportionality

The Court of Cassation reiterated that, in the case of a dual-track sanctioning system, it is essential to verify the overall proportionality of the sanctions. This principle is based on the idea that the sum of the sanctions, both criminal and administrative in nature, should not be excessive or disproportionate in relation to the severity of the violation. In the case at hand, the judge recognized the need for a new examination by the Court of Appeal to re-evaluate the issue of proportionality, taking into account the sanctions already imposed.

Legal and Practical Implications

  • The judgment emphasizes the importance of an integrated approach in the evaluation of sanctions.
  • The principle of ne bis in idem must be applied carefully in cases of multiple sanctions for the same act.
  • Authorities must ensure that sanctions are proportionate and do not impose an excessive burden on the taxpayer.

In conclusion, the Court of Cassation has outlined an important guideline for the future, highlighting how sanctions, whether criminal or administrative, must always be assessed in their entirety to ensure fair and just treatment for taxpayers.

Conclusions

The judgment n. 26527 of 2024 represents a significant step in Italian jurisprudence on tax matters. It urges judges to consider the entire sanctioning framework, in order to prevent the taxpayer from suffering double penalties for the same behavior. It is hoped that this orientation will also be followed in future similar cases, in order to preserve the rights of taxpayers and ensure a fair and equitable tax system.