False Social Communications: The Court of Cassation and the Plurality of Offenses with Ruling no. 27859 of 2025

Financial transparency is crucial for market confidence and business health. The offense of false social communications (art. 2621 C.C.) protects this veracity. The Court of Cassation, with ruling no. 27859 of 2025, has clarified how the offense is constituted when falsehoods are repeated in financial statements of different fiscal years. A relevant issue for directors and industry professionals.

The Principle Stated by the Supreme Court

The Fifth Criminal Section, in its decision of July 29, 2025, examined the case of the defendant D. S., annulling with referral a judgment of the Court of Appeal of Potenza. The key issue was whether the false indication of the same accounting data in different financial statements constituted a single continuing offense or a plurality of independent offenses. The Court of Cassation established a clear principle:

In matters of false social communications, the false indication of the same accounting data in financial statements relating to different fiscal years constitutes a plurality of offenses, as each of the specified accounting documents represents the company's balance sheet at a different date.

This principle is fundamental: each financial statement, even with the same falsehoods, is a separate document. Each "snapshot" of the company's situation, if altered, independently harms the transparency of corporate information. The repetition of false data in subsequent financial statements does not constitute a continuing offense, but a series of independent offenses, sanctioned according to material concurrence (art. 81, paragraph 2, C.P.). This aggravates the defendant's position, as each offense is punished individually.

Implications for Companies and Directors

This ruling requires greater caution and rigor in management:

• Strengthened Internal Controls: Implement robust control systems to prevent and detect irregularities.
• Increased Responsibility: Exercise maximum diligence in the preparation and approval of financial statements, knowing that each falsehood is a distinct offense.
• Regulatory Updates: Stay constantly updated on legislative and jurisprudential developments.

Conclusions: Indispensable Transparency

Ruling no. 27859 of 2025 by the Court of Cassation is a clear warning: falsehood in social communications is a serious offense, and its repetition in subsequent financial statements multiplies criminal liability. The Supreme Court reiterates the crucial importance of truth and correctness in accounting documents, essential for market confidence and the protection of shareholders and creditors. Transparent and lawful management is the best guarantee for the company's sustainability and reputation.