Analysis of Judgment No. 25169 of 2023: Embezzlement and Lottery Play

Judgment No. 25169 of February 15, 2023, published on June 9, 2023, offers an important reflection on the configurability of the crime of embezzlement for lottery ticket retailers. This ruling by the Court of Cassation has raised questions about the management of public funds and the responsibilities of public officials in specific contexts such as gambling.

The Case and the Court's Decision

The case concerned Amos U., the owner of a lottery ticket retail outlet, accused of embezzlement for placing bets for himself without remitting the corresponding amount due to the State. The Court of Appeal of Turin had convicted the individual, but the Supreme Court overturned this decision, reiterating that the crime of embezzlement is not applicable in such circumstances.

Lottery play - Retailer owner placing bets for themselves without due payment - Public nature of money - Exclusion. The crime of embezzlement is not applicable to the owner of a lottery ticket retail outlet who places bets for themselves in their establishment without remitting the amount due to the State, due to the lack of a public nature of the money subject to the alleged appropriation. (In its reasoning, the Court specified that the retailer does not acquire possession of such money by virtue of their office, nor do they appropriate it by changing the title of possession).

The Public Nature of Money and its Implication for Embezzlement

The Court clarified that the money subject to the alleged appropriation, in the specific case of bets placed by the retailer, is not considered public for the purpose of establishing the crime of embezzlement. This means that the owner of the retail outlet does not acquire possession of this money by virtue of their role, nor do they unlawfully appropriate it.

• Gambling money is not subject to immediate collection by the retailer.
• Jurisdiction is limited by the public nature of the money in question.
• The retailer does not appropriate the money by virtue of their official position.

This interpretation not only clarifies the retailer's position but also reflects a broader principle concerning the distinction between public and private assets within the Italian legal system.

Conclusions

In conclusion, judgment No. 25169 of 2023 represents a significant step forward in understanding the responsibility of public officials in the context of managing public funds. It highlights the need for a clear distinction between money considered public and that which is not, especially in gambling situations. This ruling not only reassures lottery ticket retailers but also offers food for thought for possible future legislative reforms in the field of criminal law and the management of public officials.