San Martino acquitted because the case was not substantiated. Yesterday, the court in Sassari handed down a sentence for the mineral water company, in liquidation since last year, accused by the European Public Prosecutor's Office, responsible for crimes related to EU funding, in a 2022 case. Four years ago, the company had received €150,000, the first tranche of a €300,000 loan, allocated through the National Recovery and Resilience Plan (NRRP) and filtered through Simest, a subsidiary of Cassa Depositi e Prestiti, which supports the growth of Italian businesses worldwide. This sum was intended to support the development of e-commerce abroad , but according to the charges, €71,000 ended up elsewhere, thus justifying the charge of misappropriation of public funds. This also charges San Martino, as required by Article 24 of Legislative Decree 231 since 2001, which establishes the liability of entities for crimes against public administration, known as "organizational negligence." Specifically, the failure to adopt and implement suitable models to prevent crimes such as the one mentioned.
But as defense attorney Carlo De Cesaro stated, the accusation has not been proven, and in the absence of evidence, the case is dismissed. The lawyer also focused on another reason why the company, in his opinion, should be acquitted: the absence of fraud. Indeed, San Martino, already in crisis in 2022, had used that money to pay workers' salaries, thus an emergency management decision. Furthermore, the lawyer emphasized, the amount was recovered both because the company partially reimbursed it before the inspections and through the subsequent compulsory seizure. The deputy prosecutor, Alberto Pioletti, had also urged the acquittal, emphasizing the lack of organizational fault, as confirmed by the panel, chaired by Giancosimo Mura, with Sara Pelicci and Stefania Mosca-Angelucci acting as co-chairs.
