Commentary on Judgment of the Court of Cassation, Criminal Section VI, No. 35366 of 2024: Embezzlement and Qualification of Public Official

Judgment No. 35366 of 2024 by the Court of Cassation offers important food for thought on the nature of public services, particularly regarding the activities of Poste Italiane Spa and the qualification of its employees as public officials. In the case at hand, A.A. was convicted of embezzlement following the misappropriation of funds from postal cash-on-delivery services, an action that raised significant legal questions.

Embezzlement in the Judgment

The Court confirmed that A.A., as an employee in internal processing, was responsible for embezzlement for falsifying package delivery records and misappropriating approximately 3,500 euros. The significance of this case is twofold: on one hand, it highlights the responsibility of those who manage public funds, and on the other, it clarifies the qualification of postal services as public.

The public nature of the activity carried out by Poste Italiane Spa was reaffirmed, despite its transformation into a joint-stock company.

Public Nature and Qualification of Public Official

One of the central points of A.A.'s appeal concerned his qualification as an "in charge of public service." The Court clarified that employees of Poste Italiane fall into this category due to their function of ensuring services of public interest. Their activity is not merely executive but requires a degree of discretion that justifies their qualification. This aspect is crucial for understanding how Italian law treats employees of public entities even when they operate in a privatized context.

• The judgment reiterates that postal activity is of public interest.
• Poste Italiane has the obligation to guarantee universal service to all citizens.
• Employees have significant legal responsibilities by virtue of their qualification.

Conclusions

Judgment No. 35366 of 2024 by the Court of Cassation not only confirms the conviction for embezzlement but also offers a clear view on the nature of postal services and the role of their employees. It emphasizes that, even in a context of privatization, the functions performed by Poste Italiane and its employees maintain a clear public connotation, necessary to ensure citizens' trust in essential services. In an era where the line between public and private is increasingly blurred, this decision represents an important legal reference.