Judgment No. 25274 of 2023: The Cumulative Application of Aggravating Factors in Robbery

The recent judgment No. 25274 of April 6, 2023, issued by the Court of Cassation, provides significant insights into the application of aggravating factors concerning robbery. In particular, it examines the legitimacy of the cumulative application of the common aggravating factor under Article 112, No. 1, of the Penal Code and the special aggravating factor under Article 628, first paragraph, of the same code. This decision clarifies important aspects related to the dangerousness and intimidating force that characterize robbery offenses.

The Regulatory Context of Aggravating Factors in Robbery

To fully understand the ruling, it is essential to refer to the involved norms. Article 112, No. 1, of the Penal Code provides a common aggravating factor for the participation of multiple individuals in the crime, while Article 628, first paragraph, regulates specific aggravating circumstances related to the use of violence or threats during robbery. The Court has established that both aggravating factors can coexist, as they punish different aspects of the criminal conduct:

  • Common Aggravating Factor (Article 112, No. 1): Concerns the greater dangerousness inherent in the participation in the crime by multiple individuals, highlighting the collective criminal capacity.
  • Special Aggravating Factor (Article 628, first paragraph): Focuses on the intimidating force resulting from violence or threats exercised simultaneously by multiple subjects, which reduces the victim's ability to defend themselves.

The Reasons for the Legitimacy of Cumulative Application

The Court stated that the simultaneous application of both aggravating factors is legitimate, as each punishes a different aspect of the criminal behavior. The decision emphasizes how the participation of multiple individuals not only increases the intimidation capacity towards the victim but also amplifies the dangerousness of the crime. This approach allows for a better reflection of the reality of the facts, where the plurality of participants in a criminal act can generate a situation of vulnerability for the victim.

Special Aggravating Factor under Article 628, first paragraph, of the Penal Code - Cumulative application with the common aggravating factor under Article 112, No. 1, of the Penal Code - Legitimacy - Reasons. In terms of robbery, the cumulative application of the common aggravating factor under Article 112, No. 1, of the Penal Code and the special aggravating factor under Article 628, first paragraph, of the Penal Code is legitimate, as the former punishes more severely the greater dangerousness inherent in the participation in the crime by multiple individuals, capable of determining a more incisive criminal capacity of the group, while the latter more severely penalizes the greater intimidating force resulting from the violence or threats emanating simultaneously from multiple persons present during the predatory action, which corresponds to the reduced possibility of defense for the victim.

Conclusions

Judgment No. 25274 of 2023 represents an important step in Italian jurisprudence concerning criminal law, confirming the significance of the overall assessment of aggravating circumstances in robbery offenses. It provides a clear framework on how the law intends to punish not only the crime itself but also the context in which it occurs, ensuring an adequate response to the increasing social dangerousness. This approach is fundamental to protecting victims and maintaining public order in society.

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