Commentary on Judgment No. 37350 of 2024: Importation of Narcotic Substances and Requirements for the Commission of the Offence

The recent judgment No. 37350 of July 10, 2024, issued by the Court of Cassation, offers an important reflection on the requirements necessary for the commission of the crime of importing narcotic substances. In a complex legal context, the Court clarified that the mere conclusion of an agreement between buyer and seller is not sufficient to constitute the offence, but rather the concrete availability of the substance and control over the operations of transport and introduction into the national territory are necessary.

The Regulatory and Jurisprudential Context

The decision falls within the scope of Italian criminal law, particularly concerning the regulation of narcotic substances. Article 73 of Presidential Decree No. 309 of October 9, 1990, establishes the rules relating to the importation and trafficking of prohibited substances, while Article 56 of the Criminal Code defines the concept of attempt and commission of an offence. The Court, referencing previous case law, reiterated that it is necessary to demonstrate not only the intention to import but also the actual availability of the substance.

Importation - Commission of the offence - Conclusion of the agreement between buyer and seller - Sufficiency - Exclusion - Availability of the narcotic substance and control of transfer activities - Necessity. For the commission of the crime of importing narcotic substances, the mere conclusion of an agreement between buyer and seller aimed at importation is not sufficient; rather, it is necessary for the perpetrator to achieve material availability, even abroad, of the substance and control over the subsequent operations aimed at its transport and introduction into the national territory.

Requirements for the Commission of the Offence

The Court highlighted several fundamental aspects for the constitution of the crime of importation:

• Material Availability of the Substance: It is essential that the perpetrator has direct or indirect possession of the narcotic substance, even if it is located abroad.
• Control of Transport Operations: The perpetrator must have the ability to manage and control all phases of the substance's transfer, up to its introduction into the national territory.
• Conclusion of the Agreement: Although the conclusion of an agreement between the parties is an important step, it is not sufficient for the commission of the offence.

Conclusions

Judgment No. 37350 of 2024 represents an important milestone in defining the requirements for the commission of the crime of importing narcotic substances. It underscores the need for a rigorous and concrete approach in assessing illicit conduct, highlighting how the mere intention to import cannot be considered sufficient. This jurisprudential orientation not only clarifies the responsibilities of defendants but also offers food for thought for the fight against drug trafficking, drawing attention to the need for effective control of transfer operations.