Commentary on Judgment No. 37474 of 2024: Fraud and the Act of Financial Disposition

The recent judgment No. 37474 of September 20, 2024, issued by the Court of Cassation, addresses a highly relevant issue in criminal law, particularly concerning the definition of the crime of fraud. The Court has established that an act of financial disposition, necessary to constitute the crime of fraud, does not necessarily have to be a legal act in the strict sense. This clarification has the potential to significantly influence the assessment of situations involving illicit conduct in the economic sphere.

Regulatory and Jurisprudential Context

The judgment is based on Article 640 of the Penal Code, which defines the crime of fraud. According to the Court, for fraud to be established, it is sufficient that the victim's act of financial disposition results in conduct capable of causing damage. This aspect is particularly important considering that, in the examined case, the victim had provided the defendant with identity documents and signed forms, which were subsequently used to activate a loan without their consent.

Objective element - Act of financial disposition - Notion - Factual circumstances. For the purpose of establishing the crime of fraud, the victim's act of financial disposition does not necessarily have to constitute a contractual or legal act in the strict sense, it being sufficient that it results in conduct broadly capable of causing damage. (Factual circumstances in which the offended person, during pre-contractual negotiations, had handed the defendant a copy of their identity documents, as well as signed some subscription forms, which were later used to activate a bank loan in their name without their consent).

Practical Implications of the Judgment

This judgment therefore highlights several key points:

• The notion of an act of financial disposition is broadened and not limited to formal contracts.
• Conduct that may appear innocuous, such as handing over documents, can have serious legal consequences.
• Victim protection must be a priority in the legal system.

With this decision, the Court follows a jurisprudential trend aimed at protecting victims of fraud, expanding interpretive horizons and reducing the possibilities of impunity for offenders. Previous rulings, such as those recorded in cases No. 17092 of 2022 and No. 28957 of 2020, confirm this trend.

Conclusions

Judgment No. 37474 of 2024 underscores how jurisprudence adapts to new forms of fraud that can emerge in contemporary society. The definition of an act of financial disposition is broadened, allowing for greater protection for victims and a more effective response from the legal system. It is crucial for individuals to be aware of the risks associated with sharing personal information and how this information can be exploited by malicious actors.