Commentary on Judgment No. 49478 of 2023: Extortion and Plurality of Attempted Crimes

The judgment no. 49478 of October 31, 2023, issued by the Court of Cassation, addresses a crucial theme in criminal law: the configurability of the plurality of attempted crimes in cases of extortion. This legal ruling clarifies the application of Article 62, No. 4, of the Penal Code, regarding the assessment of property damage in cases of threats directed at multiple persons.

The Examined Case

In this case, the defendant, L. T., threatened the occupants of a subway car with a knife, attempting to obtain “some change.” The Court held that, despite the failure to achieve the unjust profit, the threats directed at multiple individuals constituted a plurality of attempted crimes, which could be unified under the continuity bond.

Threats directed at different individuals - Failure to achieve the unjust profit - Plurality of attempted crimes - Continuity bond - Configurability - Assessment of damage for the purpose of the mitigating factor referred to in Article 62, No. 4, Penal Code - Reference to each fact-crime - Necessity - Case. In terms of extortion, the threat aimed at procuring an unjust profit, directed at a plurality of people, constitutes, where the intent is not achieved, a plurality of attempted crimes, which can be unified under the continuity bond, for which the mitigating factor referred to in Article 62, No. 4, Penal Code must be assessed with regard to the property damage caused or aimed at by the agent for each individual fact-crime. (Case in which the defendant had threatened the occupants of a subway car with a knife in order to obtain "some change").

The Assessment of Damage and the Mitigating Factor

A fundamental aspect highlighted in the judgment is the necessity to assess property damage for each fact-crime in order to apply the mitigating factor referred to in Article 62, No. 4, Penal Code. This implies that the judge must analyze not only the total damage but also the specific damage that each individual threat has potentially caused. Such considerations are in line with established case law, which has repeatedly affirmed the importance of considering individual criminal events distinctly.

Conclusions

Judgment no. 49478 of 2023 represents an important clarification in the field of criminal law regarding the configuration of extortion and the plurality of attempted crimes. It emphasizes the need for a careful and specific assessment of property damage for the purpose of applying mitigating factors. This approach not only ensures greater justice in judges' decisions but also contributes to greater regulatory clarity, essential for the interpretation and application of laws concerning property crimes.

Bianucci Law Firm