Judgment no. 23283 of 2023: The exploitation of the incapacitated and the concept of vulnerability

The recent judgment no. 23283 of February 24, 2023, provides important clarifications on the crime of exploitation of the incapacitated, a topic of great relevance in the Italian legal landscape. In particular, the Court established that total incapacity to understand and will is not necessary to configure such a crime, but the presence of vulnerability that reduces the critical abilities of the victim is sufficient. This principle, which is based on an evolutionary interpretation of the norm, deserves a thorough analysis.

The concept of vulnerability in the judgment

The Court of Cassation, in the judgment in question, reiterated that the crime of exploitation of the incapacitated, as provided by Article 643 of the Penal Code, does not require that the victim be completely incapable of understanding and willing. It is sufficient that the offended person presents a mental illness or states of vulnerability that may weaken their critical and decision-making abilities. In this sense, the Court stated that:

Incapacity to understand and will of the offended person - Necessity - Exclusion - Vulnerability with weakening of critical and management abilities - Sufficiency - Hypothesis. The crime of exploitation of the incapacitated does not require that the victim be in a state of incapacity to understand and will, as it is sufficient that they are affected by a mental illness or mental deficiency, or by an alteration of the mental state that, although less severe than incapacity, proves suitable to place them in a state of diminished intellectual, volitional or affective capacity, which weakens their critical abilities.

The importance of vulnerability in criminal law

This judgment represents a significant step in the protection of vulnerable individuals, as it broadens the notion of incapacity. Victims of neurocognitive disorders, even in the early stages, may find themselves in a condition of fragility that compromises their decision-making faculties. The Court indeed considered the conviction decision immune from flaws in which it was highlighted that the neurocognitive disorders of the offended person significantly influenced their discernment and management autonomy. It is therefore essential that legal professionals understand this nuance to ensure appropriate protection for vulnerable subjects.

Conclusions

In conclusion, judgment no. 23283 of 2023 marks an important evolution in Italian criminal law, clarifying that vulnerability can be a sufficient element for the configurability of the crime of exploitation of the incapacitated. This interpretation not only broadens legal protection for vulnerable individuals but also emphasizes the importance of a more sensitive approach in legal evaluations relating to the capacities of victims. It is crucial that legal practitioners become increasingly aware of these dynamics to offer adequate defense and fair justice.

Bianucci Law Firm