Theft of public funds between tangible and intangible assets: commentary on the ruling of the Court of Cassation n. 24334 of 2023

The ruling n. 24334 of June 6, 2023, by the Court of Cassation offers important insights into the crime of theft of public funds, especially regarding the distinction between tangible and intangible assets. The case concerns A.A., an employee of Equitalia, convicted for having appropriated sums of money through illegal offsetting operations. This article aims to analyze the motivations of the ruling and its consequences in the context of Italian criminal law.

The case of A.A. and the legal context

A.A. was convicted for appropriating 47,158 Euros, using tax credits of other taxpayers to settle registered debts. The Court of Appeal of Naples, confirming the first instance ruling, highlighted how the conduct of the appellant constituted a clear violation of Article 314 of the Penal Code, relating to the theft of public funds. A.A.'s defense raised various grounds for appeal, arguing that it was not a case of appropriation of tangible assets, but rather of credits, and that the defendant was not a public official.

The Court established that even intangible assets, such as credit rights, can be subject to appropriation within the scope of theft of public funds.

Analysis of the grounds for appeal

The Court of Cassation rejected the grounds for appeal, confirming that the theft of public funds can also involve intangible assets, such as credits. This principle is well established in case law, as intangible assets can have a significant economic value. The Court also emphasized that appropriation occurs when the agent uses sums of money that formally belong to others, even if the direct financial damage to the public administration is not evident.

  • The Court established that theft of public funds does not necessarily require damage to the public administration.
  • The appellant did not demonstrate that he used the password for legitimate reasons, thus being responsible for illegal conduct.
  • The ruling clarifies the distinction between theft of public funds and fraud, highlighting that in the former case, the agent already has control over the asset.

Conclusions

The ruling of the Court of Cassation n. 24334 of 2023 represents an important step in defining the crime of theft of public funds, particularly regarding the appropriation of intangible assets. The Court reiterated that the theft of public funds occurs even in the absence of direct damage to the public administration, emphasizing the legality and impartiality of public officials. This ruling will undoubtedly have significant repercussions on future case law, further clarifying the boundaries of this crime in the context of Italian criminal law.

Bianucci Law Firm