Fraud and the Right to File a Complaint: Commentary on Judgment No. 15134 of 2024

Judgment No. 15134 of February 7, 2024, issued by the Court of Appeal of L'Aquila, offers an important interpretation of the right to file a complaint in matters of fraud. Specifically, it clarifies that the standing to file a complaint does not belong solely to the person directly defrauded but also to those who have suffered financial damage due to the unlawful conduct. This aspect is of considerable relevance in understanding victims' rights in fraud situations.

Standing to File a Complaint

The Court established that

"The injured party of the crime - Holder of the assets affected by the fraudulent conduct - Inducement to error of another party in possession of the defrauded asset - Standing of the latter to file a complaint - Existence - Reasons.

In matters of fraud, the right to file a complaint belongs both to the person defrauded and materially deprived of the asset to which the unlawful conduct was directed, as well as to the person who suffered financial damage, i.e., the owner of the right of ownership over the asset unlawfully acquired, as the coexistence of multiple passive subjects of the same crime is possible."

This ruling clarifies that in cases of fraud, legal action can be taken by multiple parties, thus expanding victim protection. It is not uncommon for multiple individuals to be involved in fraud situations, each of whom may have suffered direct or indirect damage. This is particularly important in a context where property crimes are increasingly widespread and complex.

Practical Implications of the Judgment

The practical implications of this judgment are manifold:

• Expansion of standing to file a complaint, benefiting more individuals;
• Greater protection for individuals who were not directly defrauded but suffered damage;
• Recognition of the coexistence of multiple damages arising from the same crime.

This decision represents a step forward in protecting the rights of fraud victims, making justice more accessible to those who have suffered economic injustices.

Conclusions

In conclusion, Judgment No. 15134 of 2024 by the Court of Appeal of L'Aquila strengthens the right to file a complaint in matters of fraud, recognizing standing not only for those who were directly defrauded but also for those who have suffered financial damage. This approach not only broadens legal protection for victims but also contributes to greater social and legal accountability for property crimes. It is essential that those who have suffered damage feel empowered to defend their rights and seek justice.