Cassation, Judgement No. 7177/2011
not incorporate the crime of embezzlement use" breakthrough "of a public good for personal use. It is This is the principle of law enunciated by the Supreme Court which upheld a decision not to prosecute against six municipal councilors for the crime of embezzlement. The judges, taking a sentence of 2007 (Cass. Sec. 6, 10.1.2007 n.10233, Foreigners, rv 235 941) justified the decision explaining that "the temporary use of the property for public purposes, real or imaginary, do not correspond to those institutions is not always intended to incorporate the case of embezzlement of use " especially in cases where such temporary use, which proved quite episodic and occasional (one need only observe that the checks on more than a year of car use of the service of the municipality of Naples that the PM has not identified a total of only nine incidents of alleged abuse to the accused), it is characterized, in terms of magnitude (distance) and duration of use, in terms of actual "ownership" of cars service, which could make a real and significant economic damage on the public (in terms of fuel and energy work for drivers employed to drive) or to affect its normal functional activity. "
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