Saturday, February 26, 2011

Blue car: s private use but ... not too

A ruling of the Sixth Circuit Court of Cassation ruled that the blue car can also be used for "small" private purposes by the public office. The preliminary number 7177 states the principle of "small amount" and denies the crime of embezzlement against six Aldermen of the City of Naples who had used the vehicle for private purposes made available by the government.

In essence, to accompany their child to school from home, go shopping at the supermarket that is located along the route from home to work or take a short while commission staff back home is not considered a crime since the City did not suffer economically significant damage. The incidents in the particular case, then, were considered sporadic (9 times in a year).

The supreme court explained that "the temporary use of public property for private functions that go beyond the office is not always intended to complement the offense. The embezzlement of use occur where there is effective ownership of means, with fuel consumption and energy work of the driver, such as to cause a real and significant economic damage on the public and impair the normal functional activity.

" In this case, the blue car had always remained available to the public administration and were never sold to third parties. The Supreme Court, while not pointing out the offense, considered the conduct of assessors as "morally reprehensible," punishable by appropriate disciplinary action.

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