Theft of Electricity: Commentary on Judgment No. 13776 of 2024

Judgment No. 13776 of 2024, issued by the Court of Cassation, offers important insights into the criminal law concerning electricity theft, particularly in light of recent legislative amendments introduced by the so-called Cartabia Reform (Legislative Decree No. 150 of 2022). The decision, which rejects the public prosecutor's appeal, clarifies the prosecution regime for electricity theft offenses, in relation to the expiry of the time limit for filing a complaint.

Regulatory Context and Changes under the Cartabia Reform

Before the Cartabia Reform, electricity theft was always subject to prosecution ex officio. However, with the entry into force of the new provisions, this offense has become subject to prosecution upon a complaint. In practical terms, this means that to criminally prosecute the perpetrator, a report from the victim is required.

The Court emphasized that, in cases of electricity theft aggravated by the use of fraudulent means, the assertion of the aggravating circumstance of use for public service purposes is irrelevant if made after the deadline for filing the complaint. This implies that if a complaint is not filed within the prescribed time limits, the aggravating circumstance cannot be used to make the offense prosecutable ex officio.

The Ruling's Headnote and Interpretation

Theft of electricity - Use of fraudulent means - Prosecution upon complaint - Expiry of the time limit under Article 85 of Legislative Decree No. 150 of 2022 (so-called Cartabia Reform) - Subsequent assertion of the aggravating circumstance of use for public service - Relevance - Exclusion - Case law. In the context of electricity theft aggravated by fraudulent means, which has become prosecutable upon complaint due to the amendment introduced by Legislative Decree of October 10, 2022, No. 150, the assertion of the aggravating circumstance of use for public service, which makes the offense prosecutable ex officio, is irrelevant if it is made after the expiry of the time limit for the victim to file a complaint.

This headnote highlights a crucial aspect: the timeliness of the complaint is fundamental for the prosecution of the offense. If a complaint is not filed within the established time limits, the offense cannot be prosecuted, even if there are aggravating circumstances that, in other contexts, might trigger ex officio prosecution.

Final Considerations on the Judgment

Judgment No. 13776 of 2024 is part of an evolving legal landscape, where the Cartabia Reform has introduced significant changes to the prosecution of offenses. It is essential for citizens to be aware of these changes, as the timely filing of a complaint becomes a critical factor for the prosecution of offenses such as electricity theft. The Court of Cassation's decision not only clarifies the application of the law but also prompts reflection on the importance of prompt action by the victim.