Analysis of Judgment No. 33580 of 2023: Evidence and Modalities in Criminal Association

Judgment No. 33580 of July 6, 2023, issued by the Court of Cassation, focuses on a crucial theme in criminal law: the possibility of inferring proof of the existence of a criminal association from the commission of specific offenses and their execution modalities. This decision offers important insights for professionals and scholars in the field, clarifying how jurisprudence can assess the existence of criminal conspiracies.

The Legal Context

The Court established that in matters of criminal association, it is permissible for the judge to deduce proof of the association's existence from the commission of offenses falling within a common plan. This implies that the intermediate offense, while autonomous from the ultimate offenses, allows the judge to comprehensively assess the operational capacity of the criminal association. This approach is based on an integrated reading of the norms, particularly Article 416 of the Penal Code and Article 192 of the New Code of Criminal Procedure.

The Ruling's Maxim

Possibility of inferring proof of the crime from the commission and execution modalities of the ultimate offenses - Existence. In matters of criminal association, the judge is permitted, notwithstanding the autonomy of the intermediate offense from the ultimate offenses, to deduce proof of the existence of the criminal conspiracy from the commission of offenses falling within the common plan and their execution modalities, given that, through these, the association's operational capacity is concretely manifested.

This maxim highlights a fundamental principle: the connection between criminal actions and the underlying organization. In other words, the modalities through which offenses are committed can reveal the existence of an organizational structure that coordinates illicit activities. This is an approach that reflects the evolution of criminal law towards greater attention to associative dynamics rather than merely identifying individual offenses.

Practical Implications of the Judgment

The implications of the judgment are manifold, both for legal practitioners and for individuals involved in criminal proceedings. Among the main consequences, we can list:

• Strengthening of circumstantial evidence: the judge can use the execution modalities of offenses as elements of proof.
• Increased responsibility for members of criminal associations: proof of their participation can also be inferred from individual actions.
• Possibility of applying more severe precautionary measures, given the consolidated proof of the existence of a conspiracy.

Conclusions

Judgment No. 33580 of 2023 represents a significant step forward in understanding criminal association and the modalities through which a judge can reconstruct the existence of a criminal conspiracy. It invites reflection on the importance of considering not only individual illicit acts but also the context and modalities that characterize them. In an era where criminal organizations are continuously evolving, it is essential that jurisprudence and doctrine respond with equal dynamism, thereby ensuring more effective justice that is adequate to contemporary challenges.