Analysis of Judgment No. 27573 of 2023: Possession of Counterfeit Revenue Stamps

The judgment No. 27573 of May 16, 2023, issued by the Court of Cassation, addresses a topic of significant importance in the field of offenses against public faith, namely the possession of counterfeit revenue stamps. This ruling provides important clarifications on the criteria to be applied to identify the typicity of the incriminating act and distinguishes between different categories of crime, highlighting the responsibilities of the acting subject.

The Regulatory Context

The crime referred to in Article 459 of the Penal Code, in relation to Article 453, paragraph one, no. 3, punishes the possession of counterfeit revenue stamps. The Court of Cassation has reiterated that the conduct of possessing such stamps constitutes a serious crime, as opposed to the less serious offense under Article 464, which concerns counterfeiting in general.

Crime referred to in Article 459 of the Penal Code in relation to Article 453, paragraph one, no. 3 of the Penal Code - Possession of counterfeit revenue stamps - Identification - Criteria. The conduct of possessing counterfeit revenue stamps integrates the crime referred to in Article 459, paragraph one, of the Penal Code in relation to Article 453, paragraph one, no. 3 of the Penal Code, and not the less serious offense under Article 464 of the Penal Code, since, due to the reference of Article 459 of the Penal Code to the provision of the preceding Article 453 - which cannot be understood as merely a reference "quoad poenam" - for the purpose of identifying the typicity of the incriminating act, it is necessary - once the concert, even if only indirect, of the acting subject with the authors of the counterfeiting or alteration has been proven - to refer to the content of the referenced provision.

The Criteria for Identifying the Crime

The judgment under examination clarifies that for the integration of the crime referred to in Article 459, it is essential to prove the concert, even if only indirect, of the acting subject with the authors of the counterfeiting. This aspect is crucial to delineate the boundaries of responsibility. The criteria identified by the Court can be summarized as follows:

  • Possession of counterfeit revenue stamps as the incriminating conduct.
  • Need to prove the concert with the authors of the counterfeiting.
  • Reference of Article 459 to Article 453 for the definition of the typicity of the crime.

Conclusions

Judgment No. 27573 of 2023 represents an important step in understanding the legal dynamics related to the possession of counterfeit revenue stamps. The clarification provided by the Court of Cassation on the distinction between the different types of crime highlights the importance of a correct interpretation of the rules to ensure the fair application of the law. Knowing one's rights and duties in this area is essential for anyone who may find themselves involved in situations related to offenses against public faith.

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