Judgment No. 17346 of 2024: Crime of Receiving Stolen Goods and Compensation for Damages

The recent judgment No. 17346 of March 28, 2024, issued by the Court of Cassation, offers significant reflections regarding the matter of receiving stolen goods and the necessary conditions for obtaining mitigating circumstances. In particular, it clarifies that the restitution of the sum received for the intermediation in the sale of goods of criminal origin is not sufficient to obtain a reduction of the sentence. This decision is set within a complex legal context, where the compensation for damages assumes a central role.

The Context of the Judgment

The case in question involved the defendant L. C., accused of receiving stolen goods. The Court of Appeal of Palermo had initially recognized mitigating circumstances, based on the restitution of the sum received for the sale of a stolen item. However, the Court of Cassation partially annulled the decision, establishing that simple restitution is not sufficient to benefit from a reduction of the sentence. This ruling is based on Article 648 of the Penal Code, which regulates the crime of receiving stolen goods and mitigating circumstances.

The Conditions for Obtaining Mitigating Circumstances

Crime of receiving stolen goods - Preconditions for obtaining mitigation - Restitution of the sum received by the receiver for the intermediation in the sale to another receiver of the item of criminal origin - Sufficiency - Exclusion - Compensation to the victim for the value of the lost item - Necessity. For the purpose of obtaining the mitigating factor of full compensation for damages, it is not sufficient for the receiver to return the sum received for the intermediation carried out in the sale of the item of criminal origin to another receiver, as it is necessary for them to compensate for both non-pecuniary and pecuniary damages arising from lost profits and other emerging damages, and also to pay the owner, the victim of the theft, the equivalent value of the "res" lost as a result of the receiving.

This maxim clearly highlights that, to obtain a mitigating circumstance, the receiver must not only return the sum received but also fully compensate for the damages suffered by the victim. This implies a complete compensation that includes both pecuniary and non-pecuniary damages, such as lost profits and other emerging damages. The judgment emphasizes the importance of ensuring adequate protection for victims of property crimes.

Legal Implications and Conclusions

Judgment No. 17346 of 2024 represents a significant step in the protection of the rights of victims of receiving stolen goods. It clarifies that the Italian legal system cannot consider mere restitution sufficient to obtain mitigating circumstances. This principle is fundamental to ensuring fair compensation and to discourage unlawful behavior in the context of receiving stolen goods.

In conclusion, the decision of the Court of Cassation offers a clear indication of the necessity for full compensation, underlining the importance of protecting the rights of victims and ensuring that receivers cannot evade legal responsibilities through simple restitution of sums of money. An approach that, while strict, could help to deter receiving stolen goods and promote a fairer justice system.

Bianucci Law Firm