Receiving Stolen Goods and Eventual Intent: Analysis of Judgment No. 13213 of 2024

The judgment No. 13213 of February 22, 2024, filed on April 2, 2024, addresses a topic of significant importance in criminal law: the receiving of stolen goods and, in particular, the psychological element associated with it. The interpretation of eventual intent, in this context, proves crucial, especially when considering the purpose of facilitating mafia-type associations.

The Legal Context of Receiving Stolen Goods

The crime of receiving stolen goods, governed by Article 648 of the Penal Code, is configured when a person purchases, receives, or otherwise appropriates goods originating from a crime. The judgment in question clarifies that intent can also manifest in the eventual form. This means that the agent, while not having certainty about the criminal origin of the goods, contemplates the concrete possibility of such origin and accepts the associated risk.

Receiving stolen goods - Psychological element - Eventual intent - Configurability - Existence - Conditions. In the matter of receiving stolen goods (in this case, aggravated by the purpose of facilitating a mafia-type association), intent can also be configured in the eventual form when the agent contemplates the concrete possibility, accepting the risk, of the criminal origin of the money received and invested.

This legal maxim emphasizes that eventual intent cannot be overlooked in analyzing the behaviors of individuals involved in acts of receiving stolen goods, especially in situations where the risk of connection with illegal activities is high.

Implications of the Judgment

The implications of this judgment are manifold and extend beyond the individual case. In particular, it clarifies how awareness of the risk associated with the origin of a good can lead to the configurability of the crime of receiving stolen goods, even in the absence of certain evidence regarding illicit origin. Among the key points of the judgment and its implications, we can highlight:

  • Recognition of eventual intent as a form of intent in receiving stolen goods.
  • Importance of the agent's awareness of the risk.
  • Direct connection between receiving stolen goods and the activities of mafia associations.

Conclusions

Judgment No. 13213 of 2024 represents an important step forward in understanding the crime of receiving stolen goods and its configurability in relation to eventual intent. It emphasizes the necessity of a careful evaluation of the behaviors of individuals involved in acts of receiving stolen goods, especially in contexts where the risk of connection with illegal activities is high. In a complex legal system like the Italian one, such jurisprudential clarification provides useful tools for both legal practitioners and citizens, contributing to a greater awareness of the criminal responsibilities linked to such conduct.

Bianucci Law Firm