Cass. pen. Judgment no. 29549/2020: Corruption of Public Official and Plurality of Acts

Judgment no. 29549 of October 23, 2020, by the Court of Cassation offers an important opportunity for reflection on the issue of corruption of a public official, particularly regarding the assessment of multiple corrupt acts and the need for adequate reasoning by the judge. In this case, the defendant, a prison police officer, had been convicted of accepting sums of money to allow prohibited items to be brought into prison. The Court of Appeal of Naples had confirmed the conviction, but the Court of Cassation subsequently overturned the judgment, offering significant points for reflection.

The Legal Context of the Judgment

The Court of Cassation, examining the appeal, first highlighted the importance of reasoning in the judgment on the merits. In particular, the first ground of appeal was declared inadmissible due to generality, as it did not specifically contest the Court of Appeal's assessment of the evidence. It is crucial, at the appeal stage, for the defense to present clear and detailed arguments, otherwise the appeal risks being considered little more than a mere reiteration of the defense's arguments.

The performance of the act by the public official is not part of the structure of the crime and is not relevant for determining the moment of consummation.

Plurality of Corrupt Acts and Continuation of the Crime

A crucial aspect of the judgment concerns the recognition of the continuation of the crime. The Court of Cassation clarified that, for the configuration of multiple corrupt acts, there must be multiple specific agreements. In this case, the Court held that the illicit agreement between the officer and the corrupter was unique, despite the monthly payment arrangements. This leads to the conclusion that the continuation of the crime cannot be applied in the absence of clear and specific evidence of multiple distinct corrupt acts.

• The crime of corruption requires careful assessment of the evidence.
• The reasoning of the judgment must be clear and detailed to avoid unfounded appeals.
• The plurality of corrupt acts must be demonstrated through specific agreements.

Conclusions

In conclusion, judgment no. 29549/2020 by the Court of Cassation emphasizes the importance of reasoning and clarity in proof in matters of corruption. The decision to overturn the conviction due to the lack of adequate demonstration of multiple corrupt acts represents an important reminder for the judges of merit and for the parties involved in the criminal proceedings. It is essential that every accusation be supported by concrete evidence and that the judge adequately justifies their decisions, so that the legal system can ensure justice in a fair and transparent manner.