Judgment No. 24651 of 2023: The Assessment of the Purpose of Transfer to Third Parties in Drug Possession

The recent judgment No. 24651 of February 22, 2023, issued by the Court of Cassation, offers an important reflection on the complex issue of drug possession and, in particular, on the purpose of transfer to third parties. In this article, we will analyze the main points of the judgment, highlighting the implications for Italian criminal law and the approach of the judges of merit in assessing such cases.

The Context of the Judgment

The case in question concerns the defendant A. G., who had been convicted for possession of drugs with the accusation of transfer to third parties. The Court of Appeal of Palermo, on April 13, 2022, had examined the issue, but the decision was then appealed to the Cassation. The Court reiterated that the assessment of the purpose of transfer to third parties falls within the merit judgment of the judge, a crucial aspect that deserves further exploration.

The Maxim of the Judgment

Purpose of transfer to third parties - Assessment by the judge of merit - Judgment of mere fact - Non-reviewability in legitimacy - Conditions. The assessment by the judge of merit that affirms, denies, or expresses doubt about the purpose of transfer to third parties of drug possession is a judgment of mere fact that, as such, is exempt from review in legitimacy if supported by motivation free from the vice of manifest illogicality, resulting from the text of the judgment itself. (Conf.: No. 2522 of 26/01/1996, Rv. 204957-01).

This maxim summarizes the essence of the Court's decision, emphasizing that the assessment of the purpose of transfer to third parties is a judgment of mere fact. This means that the Court of Cassation cannot review this assessment unless it is tainted by manifest illogicality. In other words, if the judge of merit provides a clear and coherent motivation, their decision remains non-reviewable in legitimacy.

Implications for Criminal Law

  • The judgment establishes an important principle: the judgment on the purpose of transfer is entrusted to the judge of merit.
  • The evidence presented during the trial must be adequately evaluated to support a decision.
  • The motivation of the judgment must be free from illogicality to be considered valid.

In conclusion, judgment No. 24651 of 2023 reaffirms the principle that the assessment of the purpose of transfer to third parties in drug possession is the responsibility of the judge of merit. This approach ensures a certain stability in judicial decisions and protects the rights of the defendants, preventing excessive review by the Cassation from compromising the fairness of the process. Clarity in the motivation of decisions is, therefore, essential to ensure a fair trial.

Bianucci Law Firm