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Analysis of the Judgment Cass. pen., Sez. III, n. 36333 of 2024: Prescription and Tax Violations

The judgment n. 36333 of September 30, 2024, of the Court of Cassation addressed significant issues regarding tax violations and prescription, highlighting the obligations of motivation for the appellate judge and the definitions of non-existent transactions in the criminal context. The Court confirmed the criminal responsibility of the defendant, A.A., for the use of false invoices but also declared the extinction due to prescription of some charges.

The Context of the Judgment

The case concerned A.A., convicted for indicating fictitious passive elements in the tax returns for the years 2012 and 2013, using invoices issued by the company "Caleservice Srl." The Court of Appeal, unlike the first instance, deemed that the invoices in question evidenced non-existent transactions, thereby confirming the criminal responsibility of A.A. for tax evasion.

The Court of Cassation emphasized the obligation of reinforced motivation when overturning a sentence of acquittal, highlighting the necessity to refute the arguments of the previous decision.

Obligation of Reinforced Motivation

A central aspect of the judgment concerns the obligation of reinforced motivation for the appellate judge, who must provide a logical and legal alternative to the first-instance decision. The Court clarified that, while it is not necessary to introduce new elements, it is essential to counter the motivations of the acquittal judgment, justifying any gaps or inconsistencies.

Non-Existent Transactions and Criminal Responsibility

The Court reiterated that invoices issued for non-existent transactions are those that certify services not performed or that report amounts exceeding the actual ones. In this case, the absence of concrete activities by "Caleservice Srl" led to the confirmation of A.A.'s responsibility, who was aware of the falsehood of the invoices used.

  • Recognition of criminal responsibility for tax evasion.
  • Importance of traceability of payments and documentation.
  • Clarifications on the definition of invoices for non-existent transactions.

Conclusions

The judgment n. 36333 of 2024 represents an important reference for jurisprudence regarding tax violations and prescription. It clarifies the criminal responsibilities of defendants in cases of the use of false invoices and establishes the strict obligation of motivation for the decisions of the Court of Appeal. The distinction between tax evasion and avoidance remains crucial in the Italian legal landscape.