Analysis of Judgment no. 2625 of 19/11/2024: Crime of fraudulent use of credit cards and impersonation

The recent judgment no. 2625 of the Court of Appeal of Rome, filed on January 22, 2025, addresses a matter of significant importance in the field of criminal law, concerning the interaction between the crime of fraudulent use of credit cards and that of impersonation. This judgment offers significant insights for understanding how Italian jurisprudence interprets and applies the rules regarding crimes against public faith and property.

Legal Context

Pursuant to Article 493-ter of the Criminal Code, the improper use of a credit card is a crime that results in damage not only to the victim's property but also to public faith. This aspect plays a crucial role in the Court's reasoning, which has established that, in certain situations, the crime of impersonation can be absorbed into the offense referred to in art. 493-ter.

Crime of fraudulent use of credit cards - Absorption of the crime of impersonation - Conditions - Diachronic conduct - Concurrence of offenses - Existence. The crime of improper use of credit cards absorbs that of impersonation when the impersonation is carried out with the same material conduct that constitutes the improper use, given that the criminal offense under art. 493-ter of the Criminal Code harms, in addition to property, also public faith, while that provided for by art. 494 of the Criminal Code contains a reservation clause intended to operate even beyond the principle of specialty. (In its reasoning, the Court added that the two criminal offenses concur, instead, when the impersonation is carried out with distinct conduct preceding that of improper use of credit cards).

Diachronic Conduct and Concurrence of Offenses

A key element of the judgment is the distinction between diachronic and synchronic conduct. The Court clarified that if the impersonation occurs through the same material conduct of fraudulent use of the credit card, then the first crime absorbs the second. However, if the impersonation is carried out through distinct and prior actions, the two crimes coexist and are punishable separately.

• Absorption of offenses: occurs when a conduct qualifies as a single criminal offense.
• Concurrence of offenses: applies when the conduct is different and a plurality of offenses occurs.
• Relevance of public faith: the crime of fraudulent use of credit cards also harms the trust of the community.

Conclusions

Judgment no. 2625 of 2024 represents an important legal interpretation that clarifies the dynamics between two crimes that, although distinct, can intersect in certain circumstances. It is essential for legal professionals and citizens to understand how jurisprudence can influence criminal liability in cases of illicit behavior related to the use of payment instruments. The Court of Appeal of Rome has made an important contribution to defining the boundaries between crimes, emphasizing the need for careful evaluation of the specific conduct involved.