Commentary on Judgment No. 28269/2023: The Triviality of Harm in the Crime of Robbery

Judgment No. 28269 of May 31, 2023, by the Court of Cassation represents an important jurisprudential intervention regarding crimes against property and, in particular, concerning the configurability of the mitigating circumstance of harm of special triviality in the crime of robbery. In this decision, the Court clarified that the assessment of the triviality of harm cannot be limited to the mere value of the stolen item, but must also consider the material and moral consequences for the victim.

The Decision of the Court of Cassation

In the specific case, the Court rejected the appeal presented by M.C., accused of robbery, considering that the harm suffered by the victim, valued at 700 euros, was not of a trivial nature. The Court emphasized that to configure the mitigating circumstance of harm of special triviality, it is necessary to examine the event in its entirety, taking into account the multi-offensive nature of the crime of robbery.

TRIVIALITY - Configurability concerning the crime of robbery - Conditions - Overall assessment of the harmful or dangerous event - Necessity - Case. Regarding the mitigating circumstance of harm of special triviality, its configurability in relation to the crime of robbery does not merely require the modest value of the stolen movable property, as it is also necessary to evaluate the harmful effects connected to the injury of the person against whom violence or threats were exercised, given the multi-offensive nature of the crime, which harms not only property but also the freedom and physical and moral integrity of the assaulted person for profit. (In this case, the Court deemed the decision to exclude such a mitigating circumstance correct on the dual grounds that the harm caused to the victim, from whom goods valued at 700.00 euros were taken, was not trivial regardless of the victim's ability to bear it and that the predatory action was carried out by means of armed threat).

Reflections on Jurisprudence and Current Laws

This judgment fits into a legal context where the assessment of harm in the crime of robbery is fundamental for determining penalties and mitigating circumstances. In particular, according to Article 62, paragraph 1, letter 4, of the Penal Code, the judge must consider not only the value of the stolen item but also the manner in which the crime was committed and the consequences for the victim. It is, therefore, important that legal practitioners are aware of the need for a holistic approach in assessing crimes against property.

  • Assessment of harm not limited to mere economic value
  • Consideration of the moral and physical consequences for the victim
  • Importance of the multi-offensive nature of the crime of robbery

Conclusions

In conclusion, judgment No. 28269 of 2023 offers an important reflection on the complexity of assessing robbery crimes. The Court of Cassation highlighted the importance of considering not only the value of the stolen goods but also the context in which the crime occurs and the consequences it has for the victim. This approach not only protects the victim but also contributes to a fairer and more measured justice.

Bianucci Law Firm