Judgment No. 25372 of 2023: The Importance of the Objective Element in Contractual Breach

Judgment No. 25372 of May 17, 2023, which featured the defendant M. G., raised important issues regarding contractual breach in the public sector, particularly in the context of essential service provision. The Court excluded the existence of an offense under Article 355 of the Criminal Code, highlighting the importance of the objective element and the quality of the services provided.

Context of the Judgment

In the case examined, the defendant was accused of causing a breach in the school catering service. However, the Court ruled that the service had been provided regularly and that discrepancies in food supply had not compromised the quality of the meals served. This aspect is crucial for understanding the core of the decision: the importance of considering not only the formal fulfillment of contractual conditions but also the actual impact on the quality of public service.

The Ruling's Headnote

Objective Element - Contractual Breach Determining the Lack of Necessary Services for a Public Service - Necessity - Factual Case. The crime referred to in Article 355 of the Criminal Code is perfected in the presence of a contractual breach that leads to the unavailability of goods necessary for the operation of a public service. (Factual case in which the Court excluded the existence of the crime, on the grounds that the public school catering service had been regularly provided and had not suffered from discrepancies concerning the supply of food which, although not corresponding to those specified in the tender specifications, had nevertheless been of good quality and suitable for meal preparation).

This headnote clarifies that, to constitute the crime under Article 355, there must be a contractual breach that compromises the availability of essential goods for the public service. The Court, therefore, held that, despite irregularities in the supply, the school catering service had been adequately guaranteed, thus excluding the applicability of the crime.

Implications for Jurisprudence and the Public Sector

The judgment has significant implications, not only for the specific case but also for the public sector in general. It underscores the importance of a careful and contextualized analysis of contractual breaches, emphasizing the need to consider the actual impact of the services provided. If the public service is delivered satisfactorily, contractual irregularities, even if they exist, should not automatically translate into criminal liability.

• Necessity of a contextual analysis in case of breach.
• Importance of service quality in public services.
• Possibility of excluding criminal liability in the presence of an adequate service.

In conclusion, Judgment No. 25372 of 2023 represents an important step forward in defining the limits of criminal liability in cases of contractual breach, highlighting how the objective element and the actual impact on public service are fundamental for assessing the existence of a crime.