Analysis of Judgment Cass. pen., Section VI, no. 27723 of 2018: Extortion and Forgery of Public Document

The judgment of the Supreme Court of Cassation, Sixth Criminal Section, no. 27723 of June 15, 2018, provides an important reflection on the crimes of extortion and forgery of public documents, highlighting the responsibility of public officials involved in illicit conduct. The ruling is based on a case where two marshals of the Guardia di Finanza abused their position to induce an entrepreneur to pay a debt, using the threat of tax audits and a false report.

Legal Classification of Crimes

The Court of Appeal of Venice had initially convicted the defendant for extortion, pursuant to art. 319 quater of the Italian Criminal Code (c.p.), considering that the conduct of the public official constituted an abuse of power. However, the appellant contested this classification, arguing that his conduct should be framed as deception through fraud, referring to art. 640 c.p.

The Court confirmed the existence of the crime of extortion, emphasizing that the abuse of power exercised by the public officials clearly influenced the entrepreneur's freedom of self-determination.

In particular, the Court clarified that the crime of extortion occurs when a public official uses their position to induce a private individual to provide benefits, by threatening unfavorable consequences in case of refusal.

Court's Reasoning

The Court's decision is based on a thorough analysis of the evidence, including testimonies and environmental interceptions. The judges highlighted that the entrepreneur had been contacted by Marshal D., who, by presenting himself as a public official, had threatened tax audits. This behavior, combined with the presentation of a false document, constituted a clear abuse of power, justifying the conviction for extortion.

• Use of a false report to exert pressure
• Threats of tax audits as a tool of coercion
• Joint responsibility of the public officials involved

Furthermore, the Court excluded the possibility of attempted extortion, as the entrepreneur had actually promised to pay, demonstrating the effectiveness of the inductive conduct.

Conclusions

Judgment no. 27723 of 2018 highlights the importance of protecting the freedom of self-determination of private individuals against abuses by public officials. The Court clarified that abuse of power and the use of false documents constitute fundamental elements for the configuration of the crime of extortion. This ruling reiterates the need for strict adherence to regulations by those exercising public functions, to ensure a just and equitable legal system.