Service-connection in Italy ("the case of la patata bollente")

Court of Cassation of Italy

In an important ruling reported here by La Stampa (whose headline called the case la patata bollente, or "hot potato"), the Italian Court of Cassation held on February 18, 2014 that for a case to be within the exceptional jurisdiction of the military courts, the offender must be in the military and the offense must be connected to the military (No. 7579/14). The appellant, an inspector (marshal) of the Carabinieri (which is an armed force), had been charged with aggravated fraud in connection with overtime compensation. The Military Court of Appeals found jurisdiction but the Court of Cassation determined that the victim of the fraud was the Bank of Italy, not the military. As a result, it sent the case to the civilian prosecutor.

Editor's note: thanks to Global Military Justice Reform contributor Phil Cave for the link to the Court of Cassation's decision.