Commentary on Judgment No. 21936 of 2023: Collusion and Third-Party Involvement in a Crime

Judgment No. 21936 of March 14, 2023, issued by the Court of Cassation, addresses a highly relevant issue in criminal law: collusion and third-party involvement in a crime. This decision is part of a complex legal framework where the distinction between punishable and non-punishable conduct is crucial. With its ruling, the Court clarifies fundamental aspects concerning Article 3 of Law No. 1383 of 1941, offering significant insights for legal professionals.

The Regulatory Context of the Judgment

Law No. 1383 of 1941, particularly its Article 3, governs collusion, establishing that the conduct of a third party who has merely consented to or adhered to a collusive proposal is not punishable. However, the Court specifies that third-party involvement becomes punishable only in the presence of active behaviors, such as incitement, inducement, or facilitation, that can genuinely influence the completion of the crime, pursuant to Article 110 of the criminal code.

The Ruling's Headnote

Collusion under Article 3 of Law No. 1383 of 1941 - Third-Party Involvement in a Crime - Possibility - Conditions. In the context of collusion under Article 3 of Law of December 9, 1941, No. 1383, the conduct of a third party who has consented to or adhered to a collusive proposal is not punishable. Instead, punishable involvement is constituted in cases of incitement, inducement, or facilitation capable of affecting, pursuant to Article 110 of the criminal code, the completion of the offense.

This headnote is particularly significant as it clearly outlines the boundaries of criminal liability in matters of collusion. It emphasizes the importance of the active role of the person extraneous to the crime, highlighting how mere adherence to a proposal is insufficient to constitute criminal liability, unless direct intervention in the crime itself is demonstrated.

Practical and Jurisprudential Implications

Judgment No. 21936 of 2023 is part of a broad jurisprudential landscape, where other rulings have already addressed similar issues. It is noteworthy that the Court referenced important precedents, both consistent and divergent, that have dealt with the issue of third-party involvement in a crime. Among these, Judgment No. 9892 of 1998 confirmed the current trend, while Judgment No. 2645 of 1997 presented a different perspective.

In particular, the interpretation provided by the Court of Cassation offers important guidance to all legal professionals, as it clarifies when conduct can be considered punishable. Professionals must therefore pay attention to the modalities of a third party's participation in cases of collusion to assess the possibility of criminal liability.

• Active role of the third party necessary for punishability.
• Distinction between adherence and punishable involvement.
• Importance of direct intervention in the crime.

Conclusions

In conclusion, Judgment No. 21936 of 2023 represents a significant step in defining the contours of collusion and third-party involvement in a crime. It provides essential clarifications that can influence defense strategies and the interpretation of norms by lawyers. The distinction between simple adherence and active behavior is fundamental for assessing criminal liability, and this judgment can serve as a reference for future legal cases.