Judgment No. 27136 of 2023: Territorial Jurisdiction in Insurance Fraud

Judgment No. 27136 of May 18, 2023, from the Criminal Court of Milan offers important insights into territorial jurisdiction in cases of insurance fraud. Specifically, the Court ruled that jurisdiction is determined by the location of the registered office of the insurance company that receives the false documentation necessary for the completion of the contract. This principle is of fundamental importance for understanding the legal dynamics surrounding fraud in the insurance sector.

The Ruling's Headnote

Fraud through the submission of false documentation for the conclusion of a policy - Territorial jurisdiction - Determination - Place where the insurance company receiving the false documentation has its registered office. Territorial jurisdiction concerning the offense under Article 642 of the Criminal Code, in the case of falsification of documentation required for the conclusion of an insurance policy, is determined by the location of the registered office of the insurance company that receives the false documentation necessary for the completion of the contract.

This headnote highlights how jurisdiction in insurance fraud matters is not limited to the place where the falsification occurred but extends to the domicile of the involved insurance company. This legal aspect is crucial for ensuring a fair trial and guaranteeing that proceedings take place in the competent court, avoiding conflicts of jurisdiction and promoting greater clarity in investigations.

Legal References and Case Law

The judgment is based on several articles of the Criminal Code and the New Code of Criminal Procedure. In particular, Article 642 of the Criminal Code deals with fraud, while Articles 8 and 24 bis of the New Code of Criminal Procedure address territorial jurisdiction and the methods for determining jurisdiction. The Constitutional Court has also provided guidance on these principles, contributing to the formation of a clear regulatory framework.

• Article 642 of the Criminal Code: Fraud
• New Code of Criminal Procedure, Article 8: Territorial Jurisdiction
• New Code of Criminal Procedure, Article 24 bis: Further Provisions on Jurisdiction

In addition, past case law has already addressed similar issues, as demonstrated by the previous headnotes cited in the judgment, which provide important continuity and consistency in the interpretation of the rules.

Conclusions

Judgment No. 27136 of 2023 from the Court of Milan represents a significant step forward in defining territorial jurisdiction in matters of insurance fraud. Clarity in identifying the competent court for such offenses not only facilitates investigations but also protects the rights of victims and involved parties. It is essential for legal professionals and citizens to understand the importance of these principles to effectively address legal issues related to insurance and fraud.