Online Fraud and Complaint: The Court of Cassation Clarifies the Commencement of Time Limits (Judgment No. 22257/2025)

In the digital age, cybercrimes represent a growing threat to citizens and businesses. Among these, online fraud, a constantly evolving phenomenon, requires clear and timely responses from the legal system. The Court of Cassation, with its recent judgment no. 22257 of 09/05/2025 (filed on 12/06/2025), has provided an important clarification regarding the prosecutability of these offenses, particularly on the commencement of the time limit for filing a complaint when the legislation has changed over time. This ruling is of fundamental importance for anyone who has been a victim of online fraud and for legal professionals, outlining a clear path in a complex area.

The Regulatory Context: Online Fraud and Legislative Amendments

Fraud, governed by Article 640 of the Criminal Code, is an offense that occurs when someone, through artifice or deceit, causes another person to err, thereby obtaining an unjust profit to the detriment of another. With the advancement of technology, so-called "online fraud" or "cyber-fraud" has developed, often aggravated under Article 640, paragraph 2-ter, of the Criminal Code, introduced to punish those who commit the act "by means of IT or telematic tools capable of hindering the identification of the victim or the perpetrator."

Until recently, many forms of fraud, including aggravated online fraud, were prosecutable ex officio, meaning the judicial authority could act independently even without a complaint from the victim. However, Law no. 90 of June 28, 2024, and specifically Article 16, paragraph 1, letter t), introduced significant changes, making aggravated fraud under Article 640, paragraph 2-ter, prosecutable upon a complaint by the aggrieved party. This change raised a crucial question: what happens to offenses committed before the entry into force of this new law?

The Issue of the Commencement of the Complaint Time Limit: The Clarification by the Court of Cassation

The case examined by the Supreme Court, which involved the defendant B. M., concerned precisely a request for inadmissibility by the Court of Appeal of Salerno. The central issue was to determine from when the three-month period for filing a complaint begins to run, in cases where the aggravated online fraud offense was committed before the introduction of the specific aggravating circumstance and the consequent provision for its prosecutability upon complaint. The Court of Cassation, presided over by Dr. L. Agostinacchio and with Dr. P. Cianfrocca as rapporteur, provided an unequivocal answer:

In matters of fraud, the time limit for filing a complaint, where the offense is aggravated, pursuant to art. 640, no. 2-ter, of the Criminal Code, by being committed remotely through IT or telematic tools capable of hindering the identification of oneself or others, and was committed before the introduction of this aggravating circumstance and the provision for its prosecutability upon complaint under art. 16, paragraph 1, letter t), of Law no. 90 of June 28, 2024, commences from the date of entry into force of the aforementioned law, in the absence of transitional provisions. (See Sez. U, no. 5540 of 1982, Rv. 154076-01).

This ruling is of paramount importance. In practice, the Court of Cassation establishes that for all aggravated online fraud offenses committed prior to the entry into force of Law no. 90/2024, the three-month period for filing a complaint does not commence from the date of discovery of the offense, but rather from the date of entry into force of the Law itself. This principle is based on the absence of specific transitional provisions in the new legislation that would have regulated the situation of past events differently. The general principle of criminal law, according to which new procedural rules apply immediately to ongoing proceedings (tempus regit actum), unless specific exceptions are provided, is invoked here.

The implications of this decision are manifold:

• **Timeliness of Action:** Victims of past online fraud, whose prosecutability has shifted from ex officio to requiring a complaint, had a limited window of opportunity (three months from the entry into force of Law 90/2024) to formalize their complaint.
• **Legal Certainty:** The judgment provides clarity on a controversial point, avoiding interpretative uncertainties and ensuring uniform application of the law.
• **Awareness of the Law:** It reiterates the importance for citizens to be aware of legislative changes that may affect their rights and their ability to seek protection.

Conclusions: A Beacon in the Digital Jungle

Judgment no. 22257/2025 of the Court of Cassation represents a firm point in the complex matter of the prosecutability of cybercrimes. It underscores the importance of timely action by victims of online fraud, especially in an ever-evolving regulatory landscape. Understanding the commencement of time limits for filing a complaint is essential to avoid losing the opportunity to obtain justice.

In a digital landscape where fraud evolves rapidly, qualified legal assistance becomes indispensable. Our Law Firm is available to provide advice and support to anyone who has been a victim of online fraud, guiding them through the complexities of the legislation and ensuring the protection of their rights at every stage of the proceedings.