Commentary on ruling no. 27517 of 2024: Association aimed at drug trafficking

The ruling no. 27517 of April 12, 2024, issued by the Court of Cassation, provides an important reflection on the notion of association aimed at drug trafficking. In particular, it focuses on the requirements that differentiate this case from that of complicity in the crime referred to in Article 73 of Presidential Decree no. 309 of 1990. This article aims to clarify what the legal implications of such a distinction are and the meaning of the organizational element in associative conduct.

The distinction between association and complicity

The Court, in its pronouncement, highlights how the differential element between the associative case referred to in Article 74 of Presidential Decree 309/1990 and that of complicity, provided for by Articles 110 of the Penal Code and 73 of the aforementioned Presidential Decree, lies in the organizational element. In particular, associative conduct is characterized by a 'quid pluris' compared to mere agreement of will, implying the establishment of an organized and stable structure. This aspect is crucial for understanding the criminal liability associated with drug trafficking offenses.

Association aimed at drug trafficking - Notion - Requirements - Differences compared to complicity in the crime referred to in Article 73 of Presidential Decree no. 309 of 1990 - Organizational structure. The differential element between the associative case referred to in Article 74 of Presidential Decree of October 9, 1990, no. 309 and that of complicity in the crime provided for in Articles 110, Penal Code, and 73 of the aforementioned Presidential Decree lies in the organizational element, consisting of associative conduct aimed at drug trafficking as a 'quid pluris' compared to mere agreement of will, consisting of the establishment of a stable organized structure that allows for the concrete realization of the criminal program.

The implications of the ruling

The ruling in question emphasizes the importance of demonstrating the existence of an organizational structure to configure the association for committing crimes in drug trafficking. This implies that authorities must provide clear and concrete evidence regarding the stability and organization of the criminal group. Without such elements, the charges of association may prove unfounded.

  • Organization: it is essential that there is a defined structure.
  • Stability: the association must demonstrate continuity over time.
  • Criminal program: there must be a concrete plan for drug trafficking.

Furthermore, the Court referred to previous case law that confirmed this interpretation, emphasizing how mere participation in an agreement is not sufficient to constitute the crime of criminal association. This reinforces the idea that criminal law requires solid proof for the application of more severe norms.

Conclusions

In conclusion, ruling no. 27517 of 2024 represents a significant step in Italian jurisprudence concerning drug trafficking. The distinction between association and complicity is fundamental for the correct application of the law. Legal professionals and industry operators must pay attention to these developments, as the implications of the organizational element can significantly influence defense strategies and future judicial decisions.

Bianucci Law Firm