Association Aimed at Drug Trafficking: Analysis of Judgment No. 51714 of 2023

The judgment No. 51714 of November 23, 2023, issued by the Court of Cassation, offers an important reflection on the configurability of the crime of association aimed at drug trafficking. This ruling is situated within a complex legal context, where the boundaries between the various roles within a criminal organization can be blurred. The Court's analysis focuses on the necessity of a shared purpose among the participants, clarifying that the diversity of personal objectives does not prevent the configurability of the crime.

The Content of the Judgment

The Court of Cassation established that, for the configurability of the crime of association aimed at drug trafficking, it is sufficient to have a common interest in introducing drugs into the market. This aspect is crucial, as the judgment clarifies that the associative bond persists even between sellers and buyers, despite the different personal motivations of each member. The Court stated:

Association aimed at drug trafficking - Configurability of the crime - Conditions - Common interest in introducing drugs into the market - Diversity of personal goals pursued by the members - Irrelevance - Case law. For the configurability of the crime of association aimed at drug trafficking, it is sufficient for the participants to have a lasting shared purpose, constituted by the interest in introducing drugs into the consumption market, such that the associative bond exists even between sellers and buyers of the substance, regardless of the diversity of personal goals and the benefits that individuals intend to obtain from the criminal activity.

Legal Implications

This judgment has important legal implications, emphasizing that mere participation in a criminal organization aimed at drug trafficking is sufficient to configure the crime, regardless of the personal goals of individual members. This means that even those who primarily act as buyers can be considered part of a broader organization if there is a lasting agreement and a shared objective. Such an interpretation aligns with the principle of social danger provided by our legal system, which aims to suppress not only individual acts of trafficking but also the organized structures that support it.

  • Legislative references: DPR 10/09/1990 No. 309 Art. 74
  • Established case law: previous judgments confirming this interpretation
  • Importance of shared purpose

Conclusions

In conclusion, judgment No. 51714 of 2023 from the Court of Cassation represents an important reference point for case law regarding drug trafficking. It clarifies that the presence of a shared purpose among the members of a criminal organization is sufficient to configure the crime of association, regardless of individual goals. This interpretation helps to strengthen the fight against drug trafficking, highlighting the necessity of a legal approach that considers the complex reality of criminal networks.

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