Cass. pen., Sez. VI, Sent., n. 35031/2024: Embezzlement and

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article 133 of the penal code article 240-bis article 41-bis article 448 article 578-bis article 649 of the penal code assembly assessment of prior convictions asset freezing asset infidelity asset liability asset protection asset sale asset variations assignment to third parties assistance assisted witness association associative crime Attempt attempted crime attempted extortion attempted money laundering attempted murder attendance register Attorney General attribution authentication author identification authority of the Prefect autonomy Awareness backdating balancing circumstances ballot set-aside banking law bankruptcy bankruptcy crimes bankruptcy fraud bankruptcy law bankruptcy offenses bankruptcy trustee base and trivial reasons base motives begging benefit betting beyond a reasonable doubt bid rigging bifacial mechanism bilateral treaty board of auditors body of the crime breach of contract breach of custody breach of seals breathalyzer building abuse building bonuses building crimes building invasion building law building offenses building regulations burden of allegation burden of defense burden of pleading burden of proof burglary C.A. call of correo Camorra clan capacity capacity to testify capacity to think and will car dismantling carrying in a public place Cartabia reform case law Cassation Cassation ruling causal link cause of non-punishability causes of non-punishability CE marking certificates certified email challenge chamber procedure chamber proceedings change of circumstances change of use charge child abduction child pornography child protection children's rights Choice of domicile circumstantial evidence circumvention citizenship citizenship income civil interests civil judgment civil law civil liability civil mediation civil obligations civil party civil party constitution civil rights civil trial clandestine transport closing times co-defendant co-defendants code of criminal procedure coercive abuse coercive measures cohabitant more uxorio 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custodial sentence custodial terms custody custody expenses cyber fraud D.D. damage damage compensation damage repair damages compensation danger danger assessment dangerous animals dangerous crime dangerous discharge dangerous ignitions dangerousness DASPO data dati informatici daytime isolation de facto administrator de facto administrators de facto family de plano procedure Death of the defendant death penalty debt restructuring debt waiver deception decisive evidence declaration of conformity declarative evidence declaratory evidence decommissioning decree of absconding decriminalization deductibility defamation default defendant defendant rights defendant's capacity defendant's liability Defendant's Rights defendants of different language defendants' rights defender defenders defense defense attorney defense guarantees defense impediment Defense Rights defense strategy defensive investigations defensive medicine defensive rights deferment of sentence deferral of sentence delegated professional delegation of functions demolition demolition of illegal works demolition order dental technician dentistry detention detention of suspects detention regime devastation devolutive principle differentiated regime digital authentication digital signature dignity of the minor diminished capacity direct citation direct citation offenses direct examination direct judgment direct summons to trial director's responsibility directors directors' liability diritto penale disability defense disciplinary law disciplinary proceedings disciplinary sanctions discipline discrimination dismissal dismissal for just cause dismissal order disproportionate confiscation DNA analysis doctor documentation domestic abuse domestic justice domestic relations abuse domestic violence domicile domicile election double jeopardy doubling of penalties driving under the influence driving without a license Dropbox drug addiction drug detention drug importation drug offenses drug possession drug trafficking drugs due process duration early release ECHR economic conditions economic crimes economic damage Ecuador education educational responsibility educators elderly elections electoral crimes electoral exchange electric scooter electricity Electricity theft electronic bracelet electronic criminal trial electronic filing embezzlement emergency emergency exit emergency regulation emotional states employee liability employer liability enabling title encrochat endangerment crime Enel Enel verifier energy theft enforceable judgment enforceable title enforcement enforcement incident Enforcement Judge enhanced reasoning entities entrepreneur expenses entrepreneurial liability environmental law environmental liability environmental pollution environmental responsibility equality Equitalia equivalent confiscation EU Regulation 2018/1805 European arrest warrant European Court of Human Rights European investigation order European jurisprudence European legislation European Parliament European Public 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Failure to Declare failure to deliver failure to notify failure to pay failure to report fair trial false accounting false corporate communications false declaration false declarations false document false invoices false power of attorney false social communications false statements false testimony family family law family rights fascist party fatal accident fault favor rei fictitious titleholder fictitiously held assets fictitiously owned assets filing financial administration financial intermediation financing fine penalty firearm offenses firearms possession flight risk food contamination food law food products foodstuffs foreclosure foreign convicts foreign defendant foreign judgments foreign language defendants foreign property foreign-language defendant foreigners foreseeability foreseeability test forfeitable profit forfeiture forgery formal error fraud fraud offense frauds fraudulent agreement fraudulent bankruptcy fraudulent declaration fraudulent operations fraudulent 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injuries insignificance of the act insolvency insolvency crimes insolvency law installment plan installment plan for monetary penalty instant execution contracts instantaneous offense insurance intangible assets intent intentional homicide interceptions intercompany transactions interest of the accused interest of the investigated interest rate international cooperation international justice international law international protection internet interpreter interrogation interruptive acts interviews with inmates intimidating force intimidation inventory book investigations investigative acts investigative agencies investigative powers investigative secrecy investments invoices involuntary manslaughter IPAB Italian case law Italian Constitution Italian jurisprudence Italian law Jealousy joint participation judge judges judge_jurisdiction judgment judgment 1187 Judgment 13525 judgment 14024 judgment 14035 judgment 14980/2022 judgment 15403 judgment 15895 judgment 17225 judgment 19376 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Legislative Decree No. 231 Legislative Decree No. 74/2000 legitimacy legitimate impediment legitimate occupation liability liability for omission liability of directors liability of entities liability of liquidators liability of public officials license revocation license suspension life imprisonment limitation limited partnership liquidation liquidation decree liquidator liquidator liability liquidators losing party lottery lottery office M.V. mafia mafia association mafia associations mafia infiltration mafia method mafia_association magistrate malfunction mandate to appeal manslaughter marital separation maritime law massacre material error mayoral ordinance medical liability medical malpractice medical profession memories messaging minimum participation minor damage minor entity minor extent minor offense minor significance of the act minors minutes misappropriation misdemeanor mistreatment mitigating circumstances mitigating factor mitigating factors mobbing monetary obligation monetary penalty monetary sanctions money laundering money transfer more favorable law mortgage mothers motivation motivazione motor vehicle multi-party proceedings multilingual defendant murder murder contract narcotic substances narcotics NATO military ne bis in idem negligence negligent homicide new evidence new reasons no grounds for proceeding no grounds for prosecution non punishability non-appealability non-custodial defendant non-existent invoices non-expiration non-extradition non-mention non-performance non-punishability non-retroactivity nonexistent invoices notarial liability notary notary liability notice notice to defenders notification notifications nullity nullity of judgment nullity of trial nullity_notification nursing home objects suitable for offense obligation to communicate obligation to provide reasons obligation to report obstruction of justice obstructive crimes obstructive offenses offense offense of refusal of official acts offenses subject to complaint office prosecution official secret official secrets old age olive oil omission omissive crimes omitted examination omitted payment omitted VAT payment ongoing crimes online fraud online grooming Opposition opposition to criminal decree opposition to dismissal oral warning order order 13408 Order 28583 order 307 Order No. 16144 ordinance ordinary proceeding ordinary trial organized crime organizer Orlando reform overdose overruling paid mediation pandemic paper judgment Paper proceedings paper trial para-familiarity parallel proceedings parliamentarian parole probation partial annulment partial mental defect partial waiver participation of individuals participatory right particular slightness of the act partner liability passive extradition passive rogatory passport payments PEC address pecuniary damage pedophilia penal code penal decree of conviction penalties penalty penalty assessment penalty determination penalty limit penalty restructuring penitentiary benefits penitentiary institutions pepper spray periculum in mora perpetuatio iurisdictionis personal data personal facilitation personal freedom personal identity personal income tax personal injuries personal liberty personal precautionary measures petition phone records photographic identification physical coercion plaintiff's expenses plea bargain plea bargaining plenary procedure plurality of expert opinions plurality of offenses police checks police chief's order political crimes political massacre crime political parties Popular Bank port law possession possession of false document possession of narcotic substances Poste Italiane postponement of hearing pre-trial detention pre-trial statements precautionary appeal precautionary appeals precautionary custody precautionary measure precautionary measures precautionary needs preclusive effect predicate offense predictability of conviction preliminary hearing preliminary investigations preliminary ruling premeditation prescription president of the court Presidential Decree 309/1990 Presidential Decree No. 309/1990 presiding judge presumption of innocence pretrial detention prevention prevention proceedings preventive agreement preventive confiscation preventive custody preventive measures preventive ruling preventive seizure principle of correlation principle of immutability principle of proportionality principle of specialty principle tempus regit actum prison benefits prison security prison system prisoners' rights privacy privacy protection private law private violence probation procedibility procedibility of crimes procedural economy procedural fairness procedural law procedural loyalty procedural protection procedural terms proceedings upon complaint proceeds of crime professional liability professional secrecy progressive judgment prohibition of approach prohibition of expatriation property crimes property damage property law property protection property right property rights property violence proportionality proporzionalità prosecutability prosecution by complaint protection of creditors protection of heritage protection of minors protection of rights protection of third parties provisional provisional enforceability provisional judgment provisional suspension provocation psychiatric evaluation psychopathology public acts public administration public companies public contributions public deed public defender public defense public employees public establishments public faith public fraud public grants public health public hearing procedure public interest public land public liability public officer public official public officials public prosecution public prosecutor public resources public safety public service public subsidies public will public works punishability putative racism radiological exposure readmission real estate execution real estate law real precautionary measures reasonable duration of the trial reasoning reasoning by reference receiving stolen goods recidivism reconstitution of acts recovery recovery programs recusal recusation reduction of sentence reduction to servitude referral referral civil judge referral judge referral judgment referral to trial reform reformatio in peius refusal of assessment refusal of official acts regime 41-bis registration of a crime report registration tax regulations regulatory uncertainty rehabilitation rehabilitation path reintegration reiteration related crimes related offenses reliability reliability of testimonies remediation remorse renewal renewal of evidence renewal of proceedings reorganization reparation repeal reporting reporting obligation Republic of Ukraine res judicata res judicata effect res judicata rescission rescinding of the judgment rescisione del giudicato rescission rescission of the judgment residence residence permit residential construction resistance evidence resistance to public officials responsibility responsibility of judges restitution restitution of goods restitution within the term restorative justice retraction retroactivity return within the deadline return within the term revelation of secrets revenge porn Revenue Agency review review court revocation revocation of counsel revocation of order revocation of penalty revocation of sentence suspension Right of access right of asylum right of complaint right of defense right to be heard right to compensation right to defense right to privacy right to remain silent right to remedy right to report right to restitution right to sue rights rights of defense rights of minors rights of prisoners rights of the accused right_to_defense risk risk allowance risk of reoffending road law road safety robbery ruling ruling 1188 ruling 1269/2024 ruling 13202 ruling 13326 ruling 13366 ruling 14077 ruling 14222 ruling 14654 ruling 15069 ruling 15389/2024 ruling 15625 ruling 15637 ruling 15664 ruling 15865 ruling 15939 ruling 15955 ruling 16045 ruling 16111 ruling 16351/2024 ruling 16352 ruling 16434 ruling 16474 ruling 16576/2023 ruling 1663 ruling 16800 ruling 17012 ruling 17211 ruling 17216 ruling 17320 ruling 17400 ruling 17455 ruling 1759 ruling 17973 ruling 18/2023 ruling 1810 ruling 2020 ruling 2021 ruling 2022 ruling 2023 ruling 2024 ruling 2030 ruling 20337 ruling 2076/2024 ruling 23283 ruling 2383/2024 ruling 24256 ruling 24375 ruling 24808 ruling 25134 ruling 25136/2023 ruling 25274 ruling 25368 ruling 25529 ruling 25650 ruling 25764 ruling 26190/2023 ruling 26250 ruling 26297 ruling 26316 ruling 26418 ruling 26525 ruling 26549/2023 ruling 26966 ruling 27379/2023 ruling 27382 ruling 27397 ruling 27446 ruling 27517 ruling 28009 ruling 28060 ruling 29229 ruling 29379/2024 ruling 29959 ruling 30040/2024 ruling 3011 ruling 30143 ruling 30380 ruling 3044 ruling 30625/2024 ruling 30930 ruling 31169 ruling 31179 ruling 3356 2024 ruling 36/2024 ruling 36775 ruling 36918 ruling 36942 ruling 37131 ruling 37248 ruling 37350 ruling 37639 ruling 37751 ruling 37855 ruling 38511 ruling 38845 ruling 39243 ruling 39482 ruling 39548 ruling 39680 ruling 39711 ruling 40118 ruling 4193/2024 ruling 44064 ruling 44096/2024 ruling 44230 ruling 44251 ruling 44346 ruling 44941 ruling 45290 ruling 45599 ruling 45781 2024 ruling 45810 ruling 46549 ruling 48119 2023 ruling 48560 ruling 48579 ruling 48744 ruling 49291 ruling 50102 ruling 50298 ruling 50447 ruling 50797 ruling 51260 ruling 51388 ruling 51659 ruling 637/2024 ruling 7760/2016 ruling 834/2025 ruling no. 14792 ruling no. 17164 ruling no. 17918 ruling no. 1880 ruling no. 24260 ruling no. 2625 ruling no. 26721 ruling no. 27098 ruling no. 2772 ruling no. 29723 ruling no. 30092 ruling no. 3015 ruling no. 30608 ruling no. 30716 ruling no. 39481 ruling no. 41721/2024 ruling no. 44340 ruling no. 44731 ruling no. 44962 2024 ruling no. 46753 ruling no. 48511 ruling no. 49273 ruling no. 49799 ruling no. 49953 ruling no. 50062 ruling no. 51670 ruling no. 51735 ruling no. 936 ruling of the Court of Cassation ruling Rome ruling Supreme Court rulings ruling_30133 safety safety measures sale at a low price sanctions scam scientific protocols security security measures seized assets seizure seizure of assets self-declaration self-defamation self-defense self-harm self-laundering self-money laundering semi-liberty sentence sentence 13213 sentence 13539 sentence 14047 sentence 14655 sentence 15098 sentence 15429 sentence 25287 sentence 26348 sentence 26628 sentence 26803 sentence 27050 sentence 27090 sentence 27147 sentence 27412 sentence 27466 sentence 27637 sentence 2776 sentence 29332 sentence 3059 sentence 30666 sentence 36945 sentence 37107 sentence 3892 sentence 44707 sentence 45576 sentence 45587 sentence 45792 sentence 45816 sentence 48448 sentence 49499 sentence 49757 sentence 49798 sentence 50426 sentence 50847 sentence 740 2025 sentence no. 13379 sentence no. 15704 sentence no. 2062 sentence no. 2362 sentence no. 23967 sentence no. 38802 sentence reduction sentence reductions sentence review sentencing deferment sentencing frameworks separation serious fault serious illness served sentences service of documents sexual activities sexual offenses sexual violence share capital shareholder reimbursements signature authentication silence simple bankruptcy Sky ECC slight mitigating circumstance SMEs smoke bomb social danger social dangerousness social media social network social reintegration social service solvency spannometric method special power of attorney special surveillance specific intent specific mandate specificity sponsorship sports disturbances Sports Violence stalking stamp duties standing standing to appeal start date state of necessity state of need statements statute of limitations statute of limitations for crimes structural abnormality students' rights sub-delegation subjective element subjective elements subjective inexistence subsequent provision substitute penalties substitute penalty substitute sanctions subversive association succession of criminal laws succession of laws summary judgment summary proceeding summons decree summons to court summons to trial Superbonus 110% supervising magistrate supervisory obstacle support administrator support decree Supreme Court Supreme Court 2023 Supreme Court 2024 Supreme Court ruling Supreme_Court surveillance Surveillance Court surveillance magistrate surveillance proceedings suspects alloglotta suspension of deadlines suspension of enforcement order suspension of proceedings suspicious transactions T.U.L.P.S. tacit withdrawal of complaint Taranto ruling tax assessment tax assessments tax benefits tax compensation tax consultants tax credit tax crime tax crimes tax debt tax documentation Tax Evasion tax fraud tax law tax legislation Tax Liability tax obligations tax offenses tax regime tax regulations tax settlement tax trial tax violations taxation taxes teachers technical consultancy technical consultants technical manager telematic connection telematics telephone data telephone tapping tempus regit actum territorial incompetence territorial jurisdiction terrorism testimonial evidence testimonies testimony TEU theft theft of electricity therapeutic custody third party third-party accusatory statements third-party rights three-year ban threshold threshold of punishability timeliness timely communication torture totalitarian ideologies traceability traffic of influences trafficking trafficking in persons translation translation of documents translation of judgments transnationality transport of weapons trespass trial trial in absentia Tribunal of Naples triviality of the act trust trusted defense attorney trusted doctor two-phase method unaccounted accounting unauthorized access undue compensation undue inducement undue influence undue perception unification of sentences Unique Identification Code United Sections unjust detention unjustified carrying unjustified compensation unlawful acts unlawful conduct unlawful data processing unlawful detention unlawful intermediation unlawfully received urban planning urgent removal use of minors use of service vehicles usury Validation validation of arrest validity of evidence VAT VAT credit vehicular homicide victim protection video chat videoconference videotaping violated rights violation of law violation of removal order violation of rights violence violent crimes virtual presence visual interviews visual meetings vulnerability waiver waiver of appeal waiver of appeal grounds waiver of defense mandate waiver of mandate warning waste waste combustion waste management weapon confiscation weapons WhatsApp white list wiretapping wiretaps withdrawal of complaint withholding agents withholdings witness evidence witness examination witness intimidation witnesses worker training workplace accidents workplace injuries workplace safety wrongful detention