Judgment No. 45792 of 2024: New Perspectives on Mitigating Circumstances in Robbery

Judgment No. 45792 of December 4, 2024, represents a turning point in Italian jurisprudence concerning mitigating circumstances in the context of property crimes, particularly robbery. This decision, issued by the Court of Cassation, clarifies the modalities for applying the mitigating circumstance of minor gravity, offering new defence opportunities for defendants.

Legal Context and the Judgment

The Court of Cassation, with its ruling, had to examine the issue of the existence of the mitigating circumstance of minor gravity, introduced by the Constitutional Court with judgment No. 86 of 2024. This mitigating circumstance was conceived to make the penalty fairer based on the gravity of the committed act. In particular, the Court established that, in cases where the offender's conduct is characterised by minimal offensiveness, this mitigating circumstance can be recognised even in the presence of a prior assessment of a common mitigating circumstance.

TENUITY - Mitigating circumstance of minor gravity pursuant to judgment of the Constitutional Court No. 86 of 2024 - Common mitigating circumstance provided for by art. 62, no. 4), criminal code - Concurrence - Possibility - Existence. In terms of robbery, the mitigating circumstance of minor gravity, as per judgment of the Constitutional Court No. 86 of 2024, constitutes a further tool, compared to those already available, including the common mitigating circumstance provided for by art. 62, no. 4), criminal code, to adjust the penalty to the actual gravity of the act. Therefore, where the characteristics of the conduct are such as to suggest that it is a case of minimal offensiveness, justifying the granting of this mitigating circumstance, the prior recognition of the common reduction does not preclude a new assessment of the same, for the purpose of granting the further mitigating circumstance.

Practical Implications of the Judgment

This judgment has important implications for the defence of defendants in robbery cases. The main considerations arising from the decision concern:

• Possibility of recognising the mitigating circumstance: The mitigating circumstance of minor gravity can be applied even if another mitigating circumstance has already been recognised, ensuring greater fairness in the assessment of the crime.
• Assessment of conduct: It is crucial to analyse the specific characteristics of the act to determine whether it is a case of minimal offensiveness.
• Tool for defence: The Court's new interpretation offers an additional tool for lawyers to contest the gravity of the charges and seek a reduction of the sentence.

Conclusions

In conclusion, judgment No. 45792 of 2024 marks a significant step forward in jurisprudence concerning mitigating circumstances in robbery offences. By introducing the possibility of applying the mitigating circumstance of minor gravity even in the presence of other recognitions, greater flexibility and fairness are offered in the assessment of criminal conduct. It is essential for lawyers and industry professionals to fully understand these innovations in order to provide effective defence for their clients.