Embezzlement in the Medical Profession: Reflections on the Supreme Court Ruling

The recent ruling no. 24717 of the Court of Cassation, issued on June 21, 2024, provides important food for thought regarding the crime of embezzlement, particularly within the medical profession. In this case, the defendant A.A., a medical director, was convicted for withholding sums of money received from patients without remitting them to the healthcare administration. The analysis of the ruling highlights crucial aspects for understanding the responsibility and duties of public officials in the context of healthcare services.

The Legal Context of Embezzlement

Embezzlement, according to Article 314 of the Criminal Code, is the conduct of anyone who appropriates money or goods of which they have possession by virtue of their office. The ruling in question clarifies that, to constitute the crime of embezzlement, it is necessary for the public official to appropriate sums of money linked to the exercise of their powers. In A.A.'s case, the sums withheld were those that she should have remitted to the hospital for services rendered.

The Court annulled the appealed judgment and remanded it for a new trial, emphasizing the need to clarify certain aspects of the relationship between the defendant and the patients.

Issues Raised by the Ruling

One of the most interesting aspects of the ruling concerns the concept of "offensiveness" of the conduct. A.A. argued that the sum of money withheld was negligible, claiming this indicated negligent rather than intentional conduct. However, the Court clarified that, regardless of the amount, the act of appropriation cannot be considered less serious. The issue of intent is central to the crime of embezzlement and, as highlighted by jurisprudence, it is necessary to demonstrate the intention to unlawfully appropriate sums of money.

Practical Implications for Healthcare Professionals

The pronouncement of the Court of Cassation has several implications for healthcare professionals operating under the "intra moenia" regime. It is essential for doctors to understand their duties regarding the management of sums received from patients and their obligations to remit them to the public entity. Some key points to keep in mind include:

• Obligation to issue tax receipts for services rendered.
• Necessity to promptly remit sums due to the hospital.
• Legal consequences arising from misappropriation, even if the amount is modest.

Conclusions

Ruling no. 24717 of the Court of Cassation represents an important reminder of the responsibility of public officials, particularly in the healthcare sector. It serves as a warning to healthcare professionals about the need to strictly adhere to the prescribed rules and procedures. The distinction between intentional conduct and negligence, while relevant, should not diminish the importance of legality and transparency in the management of public resources.