The ruling no. 38600 of 2024: the meaning of the qualification of public service officer
The recent ruling no. 38600 of July 12, 2024, has had a significant impact on Italian criminal law, particularly regarding the definition of "person assigned to a public service." The Court of Cassation, called to rule on a case of misappropriation of property by an employee of a public transport company, provided fundamental clarifications on the qualifications of public employees and their responsibilities. This decision is crucial for understanding how Italian law defines and applies the notion of public assignment.
The case under examination
In the case analyzed, the employee, M. D'A., was accused of embezzlement of diesel fuel, despite being required to record the quantities delivered for internal documentation. The Court had to determine whether, as an employee of a public company, he could be considered a "public service officer." The answer was negative, as the tasks performed were merely executive and material, excluding the qualification of public service officer.
Public company - Employee performing executive and merely material tasks - Qualification of public service officer - Exclusion - Documentation of activities for internal purposes - Relevance - Exclusion - Case. An employee of a public company performing executive and merely material tasks does not hold the subjective qualification of public service officer, regardless of the fact that he is required to certify the activities carried out for internal verification related to the regular execution of the employment relationship. (In this case, the Court requalified under articles 346 and 61, no. 11 of the penal code the appropriative conduct of diesel by the employee of a public transport company in charge of fuel distribution, even though he was required to record the quantities delivered in internal logs).
The implications of the ruling
This ruling clarified important aspects of the criminal responsibility of public employees, highlighting that it is not enough to be employed by a public entity to hold the qualification of public service officer. The tasks must be of such a nature as to justify this qualification. In particular, the Court reiterated that:
- Merely executive activities do not automatically confer the qualification of public service officer.
- Internal documentation of activities does not alter the qualification of the employee.
- Criminal responsibility is based on the type of tasks and not on the nature of the employer.
Conclusions
Ruling no. 38600 of 2024 represents an important reference point for Italian criminal law, particularly regarding the qualification of public employees. It emphasizes the importance of a clear definition of tasks and responsibilities to avoid legal ambiguities. The Court of Cassation has thus provided an important contribution to regulatory clarity, which may influence future similar cases and contribute to a better understanding of the rights and duties of workers employed in the public sector.
