Commentary on Judgment No. 50257 of 2023: The Mild Nature in Drug Offenses

The recent judgment no. 50257, issued on October 5, 2023, provides significant insights into how Italian jurisprudence addresses the issue of the configurability of the crime concerning drugs, particularly regarding the notion of "mild nature." The Court, in evaluating the case of a defendant accused of cocaine trafficking, reiterated the importance of a comprehensive analysis of the circumstances of the crime, taking into account the specific conduct and the characteristics of the substances involved.

The Principle of Mild Nature

According to Article 73, paragraph 5, of the Presidential Decree No. 309 of October 9, 1990, the configurability of the crime of drug trafficking requires a careful and not superficial assessment of the defendant's conduct. The Court established that it is necessary to consider various factors, including:

  • Means used for trafficking;
  • Methods of committing the crime;
  • Quantity and quality of the substances, with particular reference to the degree of purity;
  • Number of doses that can be obtained.
Mild nature - Configurability - Overall assessment of conduct - Necessity - Case. In the context of drugs, the configurability of the crime referred to in Article 73, paragraph 5, of Presidential Decree No. 309 of October 9, 1990, requires an adequate overall evaluation of the fact, in relation to means, methods, and circumstances of the action, as well as to the quantity and quality of the substances, with reference to the degree of purity, so as to arrive at the assertion of mild nature in accordance with constitutional principles of offensiveness and proportionality of the penalty. (Case in which the Court considered the decision that excluded the mild nature of the fact immune from criticism, emphasizing the level of professionalism in trafficking, evident from the high degree of purity of the cocaine, with an active ingredient of 55.65%, from which a particularly high number of doses, 291 units, could be obtained).

Assessment of Mild Nature in the Specific Case

In the analyzed case, the Court excluded the mild nature of the fact, emphasizing that the degree of purity of the cocaine, equal to 55.65%, indicated a level of professionalism in trafficking. This aspect led to a high number of obtainable doses, as many as 291 units, which contributed to considering the crime not configurable as of mild nature. The Court's decision fits into a broader legal context, where the assessment of illegal conduct must always take into account the principles of offensiveness and proportionality of the penalty, enshrined in the Italian Constitution.

Conclusions

In conclusion, judgment no. 50257 of 2023 represents an important reference point for legal practitioners, highlighting how the overall assessment of the defendant's conduct is fundamental in establishing the configurability of crimes related to drugs. The Court demonstrated that the mere quantity of substance is not sufficient to qualify a crime as of mild nature but must be accompanied by a thorough analysis of the circumstances of the case. This approach, which ensures respect for constitutional rights, contributes to a fairer and more proportional justice.

Bianucci Law Firm