Fraud in Public Procurement and the Commencement of the Statute of Limitations: The Teaching of the Criminal Court of Cassation No. 13086/2025

The crime of fraud in public procurement represents a particularly insidious area for economic operators and Public Administration. The judgment of the Court of Cassation, Section VI, February 18, 2025 (filed April 3, 2025), No. 13086, offers a decisive insight into when the crime is considered consummated and, consequently, from what moment the statute of limitations begins to run. In the specific case, the defendant L. M. had been convicted on appeal by the Court of Turin for deliveries that differed from the specifications. Below, we analyze the key passages of the ruling to draw useful practical indications.

The Regulatory Framework

Article 356 of the Italian Criminal Code criminalizes "fraud in public procurement," which can be established when a private individual, in execution of a contract with the Public Administration, engages in fraudulent conduct affecting the quality, quantity, or prices of goods and services. The nature of the crime has been historically debated: instantaneous, permanent, or of prolonged consummation? The answer directly impacts the calculation of the statute of limitations (Articles 157 et seq. of the Italian Criminal Code).

• Instantaneous crime: the statute of limitations begins from the first breach of contract.
• Permanent crime: it runs from the cessation of the unlawful conduct.
• Crime of prolonged consummation: the term starts from the last fraudulent act.

The Ruling of the Court of Cassation

The Supreme Court, reiterating a previously expressed orientation (Cass. 38346/2014, 25372/2023), confirms the third option: fraud in public procurement, when it concerns contracts for continuous supply, is a crime of prolonged consummation. This means that the moment of consummation coincides with the last instance of fraudulent breach of contract.

The offense of fraud in public procurement, when it concerns contracts for the supply of goods or services, is configured as a crime of prolonged consummation, which is consummated when the last instance of fraudulent breach of contractual obligation occurs, from which moment the statute of limitations begins to run.

In practical terms, as long as the supplier continues to deliver non-conforming goods, the crime is not definitively perfected; only the last unlawful delivery starts the statute of limitations "timer." The consequence is twofold:

• The time window for criminal action is widened, protecting the public interest in the correct execution of contracts.
• The defense must precisely assess the sequence of breaches to raise valid grounds for the extinction of the crime.

Critical Analysis and Operational Insights

The Court of Cassation's reconstruction values the synallagmatic and continuous nature of supply contracts: each partial obligation is part of a single contractual cause. In line with Article 1460 of the Italian Civil Code, the defective performance of a subsequent service constitutes a new "piece" of the fraud. However, the principle does not automatically apply to all public tenders: in single-performance contracts, consummation remains instantaneous.

For supplier companies, it is therefore essential to:

• Establish internal quality controls for each delivery lot;
• Document any disputes from the administration to delimit the incriminating period;
• Assess the opportunity for settlement agreements or rectifications to reduce damages and avoid the registration of criminal news.

For contracting authorities, on the other hand, the ruling suggests:

• Constantly monitor ongoing supplies;
• Promptly formalize disputes to crystallize breaches of contract;
• Report to the Public Prosecutor's Office only after gathering a complete body of evidence, avoiding premature complaints that could become complicated during the trial phase.

Conclusions

Decision No. 13086/2025 reinforces an orientation that balances the needs of treasury protection with defense guarantees, identifying the last fraudulent act as the crucial moment for the statute of limitations. A clarification that affects the procedural strategy of the parties and corporate risk management. Understanding the "prolonged consummation" nature of the crime of fraud in public procurement means, on the one hand, protecting the public interest in the correct execution of contracts and, on the other, avoiding surprises regarding the statute of limitations: an imperative for both lawyers and companies that deal daily with the Public Administration.