Fraud in Commercial Practice: Analysis of Judgment No. 17839 of 2023
Judgment No. 17839 of 2023 by the Court of Cassation represents an important ruling on fraud in commercial practice. The specific case concerned the application and relevance of the legally provided assessment methods, particularly the so-called "panel test" for the analysis of extra virgin olive oil.
Context of the Judgment
The Court ruled that disregarding the outcomes of specific assessment methods for commercial fraud does not constitute a violation of law. This principle is based on the consideration that such methods do not introduce presumptions of legal proof, but rather fall within the scope of the judge's free conviction. In other words, the judge has the discretion to evaluate evidence according to their own conviction, without being bound by specific methodologies, provided that the principle of guilt beyond a reasonable doubt is respected.
Legally provided assessment methods - Relevance - Exclusion - Reasons - Factual matrix. Regarding fraud in commercial practice, disregarding the outcomes of specific legally provided assessment methods (in this case, the procedure of the so-called "panel test," based on a double counter-analysis of extra virgin olive oil pursuant to EEC Regulation of July 11, 1991, No. 2568) does not constitute a violation of law, as these methods do not introduce presumptions of legal proof, which are not permitted due to the principles of the judge's free conviction and guilt beyond a reasonable doubt. Evidence of the different quality of the product can well be inferred from heterogeneous sources.
Legal Implications
This judgment highlights the need for a flexible approach in evaluating evidence in cases of commercial fraud. Assessment methods, such as the "panel test," while useful tools, should not become a constraint for the judge. The judge's free conviction, guaranteed by the Code of Criminal Procedure, allows for a comprehensive and integrated evaluation of the evidentiary elements.
- Freedom of evaluation by the judge
- Relevance of heterogeneous evidence
- Compliance with European regulations
Conclusions
In conclusion, Judgment No. 17839 of 2023 represents a significant step in the protection of commerce and the fight against fraud. It reaffirms the principle that the judge must have the freedom to critically evaluate evidence, without being rigidly bound by specific methodologies, thereby promoting a fairer and more just application of the law. This approach not only fosters more effective justice but also supports competitiveness and transparency in the market.
