Aggravated theft of money from self-service pumps: the Supreme Court ruling no. 13132/2025 clarifies ex officio prosecution

With the decision filed on April 4, 2025, the Third Criminal Section of the Supreme Court of Cassation addressed a topic of daily relevance: the theft of money from self-service fuel dispensers. Ruling no. 13132/2025 is an important piece in understanding when theft becomes aggravated because it is committed on "things intended for public utility" and, consequently, is subject to ex officio prosecution according to the new art. 624-bis of the Italian Criminal Code, reformed by Legislative Decree 150/2022.

The Case: From Simple Theft to Aggravated Theft

The defendant T. N. was accused of forcing open the self-service pump at a fuel distribution station, stealing the cash kept inside. The Court of Appeal of Palermo had classified the act as aggravated theft under art. 625, paragraph 1, no. 7 of the Italian Criminal Code, considering the money functionally linked to a public utility service. The defense argued for a reclassification to simple theft, asserting that only the machinery – not the cash – was intended for public service.

The Supreme Court's Ruling

In matters of theft, the aggravating circumstance of the act committed on things intended for public utility, which renders the crime prosecutable ex officio under the regime following Legislative Decree no. 150 of October 10, 2022, is applicable in the case of the theft of money constituting the takings of a fuel dispenser contained within the "self-service" payment device, as the increased gravity of the offense exists not only when the thing specifically intended for public utility is stolen, but also when the object of the theft consists of a thing inherent to it.

The Court reiterates that criminal protection extends not only to the asset directly used for the service (the pump) but also to what is "inherent" and indispensable for its operation, i.e., the money intended to allow 24/7 refueling without an operator.

Key Points of the Decision

• Aggravating Circumstance under Art. 625, no. 7 of the Italian Criminal Code – Applies when the stolen asset is part of a public utility service, even if not physically intended for its provision (referencing Cass. S.U. 40354/2013).
• Ex Officio Prosecution – Following the Cartabia reform, aggravated theft remains prosecutable even without a complaint, unlike simple theft, which has become subject to private complaint.
• Continuity with Jurisprudence – The ruling aligns with previous rulings no. 10944/2011 and no. 4767/2025, which had already extended the notion of "thing intended for public utility" to elements functionally connected to the service.

Practical Implications for Managers and Operators

Fuel station managers, security companies, and insurance companies must consider that:

• The theft of cash from self-service pumps is prosecuted ex officio, with investigations immediately initiated.
• The classification as an aggravated offense affects the statutory penalty (from 2 to 6 years, art. 625 of the Italian Criminal Code) and the assessment of insurance policies.
• Increased repressive attention may encourage the installation of video surveillance systems and timed safes.

Conclusions

Ruling no. 13132/2025 offers essential clarification: in the era of automated payments, even the money kept inside the machines falls under "things intended for public utility." This results in a stricter regime and a prompt criminal response, aimed at protecting the efficiency of services that are now indispensable for citizens and hauliers. Sector operators are called upon to enhance security measures, while legal professionals can invoke this ruling as an authoritative precedent for correctly classifying similar offenses.