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Analysis of the Supreme Court Ruling, Criminal Section VI, No. 62 of 2018: Extortion and Abuse of Power

The ruling of the Supreme Court No. 62 of January 3, 2018 represents an important clarification in the field of criminal law, particularly regarding the crime of extortion, governed by Article 319-quater of the Penal Code. In this article, we will analyze the main aspects of the decision, highlighting the legal implications and responsibilities of the public officials involved.

The Context of the Ruling

The Court of Appeal of L'Aquila had previously convicted S.V. and P.I. for abusing their positions as public officials, inducing M.P. to promise them a significant advantage in exchange for not reporting building abuses. This conduct led to the charge of extortion, and the Supreme Court's ruling upheld the conviction, rejecting the defendants' appeals.

The crime of undue inducement to give or promise benefits is completed even if the event does not occur due to the resistance opposed by the private individual to the unlawful pressures of the public agent.

Analysis of the Grounds for Appeal

The defendants presented several grounds for appeal, including the alleged non-applicability of the crime in its attempted form, the violation of procedural rules, and the lack of reasoning by the Court of Appeal. However, the Supreme Court deemed these arguments unfounded, reiterating that the crime of extortion does not necessarily require the acceptance of the unlawful proposal by the victim.

  • The Court confirmed that the crime is established even in the absence of acceptance, as long as there has been an inducement by the public official.
  • It was emphasized that the attempt of extortion is possible even if the private individual resists the exerted pressures.
  • The responsibility of the defendants was also confirmed based on their positions as public officials and the context in which the inspection took place.

Conclusions

The ruling No. 62 of 2018 by the Supreme Court provides an important point of reflection on the issue of the responsibility of public officials and the application of laws related to extortion. It underscores the necessity of protecting the freedom of self-determination of private individuals, especially in contexts where there is a clear imbalance of power. For legal professionals, it is essential to understand the implications of this ruling, both in legal consulting and in the defense of similar cases.