Analysis of Judgment No. 26876 of 2024: Aggravating Factors in Robbery and Their Cumulative Application

The recent judgment No. 26876 of March 6, 2024, issued by the Supreme Court, provides important clarifications regarding robbery, particularly concerning the cumulative application of the aggravating factors provided by the penal code. This decision, which rejects the appeal concerning a conviction for robbery, is situated within a complex legal context where it is essential to understand the implications of the various aggravating factors provided by law.

The Aggravating Factors in Robbery

According to Article 628, paragraph one, of the Italian penal code, robbery is a crime that can be punished more severely in the presence of aggravating circumstances. In this case, the Court emphasized the legitimacy of the cumulative application of the special aggravating factor referred to in Art. 628 and the common aggravating factor referred to in Art. 112, paragraph one, no. 1. This legal choice is based on two main considerations:

  • The first aggravating factor (Art. 112) concerns the greater danger inherent in the participation of multiple individuals in the crime, which amplifies the criminal capacity of the group.
  • The second aggravating factor (Art. 628) refers to the intimidating force resulting from violence or threats simultaneously exercised by multiple individuals, reducing the victim's ability to defend themselves.

The Court's Judgment

The Court highlighted that the cumulative application of these aggravating factors is not only legitimate but necessary for an adequate penal response. In fact, the plurality of individuals involved in a criminal act not only increases the danger of the crime but also the fear and helplessness of the victim. The principle of proportionality in sentencing emphasizes the need to adequately sanction criminal behavior, taking into account the circumstances of the specific case.

Special aggravating factor referred to in Art. 628, paragraph one, of the penal code - Cumulative application with the common aggravating factor referred to in Art. 112, paragraph one, no. 1, of the penal code - Legitimacy - Reasons. In the context of robbery, the cumulative application of the common aggravating factor referred to in Art. 112, paragraph one, no. 1, of the penal code and the special aggravating factor referred to in Art. 628, paragraph one, of the penal code is legitimate, as the former punishes more severely the greater danger inherent in the participation of multiple individuals in the crime, which is capable of determining a more incisive criminal capacity of the group, while the latter punishes more severely the greater intimidating force resulting from violence or threats simultaneously emanating from multiple individuals present during the predatory action, corresponding to the diminished ability of the victim to defend themselves.

Conclusions

In conclusion, judgment No. 26876 of 2024 represents an important step forward in the jurisprudence regarding robberies. It reaffirms the necessity for a rigorous application of aggravating factors to ensure greater protection for victims and an adequate response from the State against organized crime. Legal professionals and citizens must be aware of how the law evolves and how legal decisions can influence the landscape of public safety.

Bianucci Law Firm