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Commentary on the Sentence of the Court of Cassation, Criminal Section VI, No. 35375 of 2024 on Aiding and Abetting

The ruling of the Court of Cassation dated September 20, 2024, No. 35375, addresses the delicate issue of personal aiding and abetting, particularly regarding the defendants' knowledge of the crime for which the fugitive was wanted. The Court upheld the conviction of two individuals, A.A. and B.B., who assisted C.C., wanted for mafia association, in his flight from the authorities.

The Context of the Ruling

The Court of Appeal of Naples had already convicted the two defendants, arguing that their conduct of logistical and material assistance was aimed at evading the authorities' searches. The appellants, however, contested the application of the aggravating circumstance under Article 378, paragraph 2, of the Penal Code, arguing that there was insufficient evidence to demonstrate their awareness of the fugitive's mafia association crime.

The contested ruling correctly applied criminal law, with the reasoning being free from reviewable defects in legitimacy.

The Court's Arguments

The Court of Cassation rejected the appeals, stating that it was not necessary to prove that the defendants were aware of C.C.'s specific crime. It is sufficient that they had elements indicating the possibility that the fugitive was wanted for a serious crime. The Court highlighted how the confidentiality in communications and the precautions taken by the defendants suggested an implicit awareness of the seriousness of the situation.

Among the reasons provided, the Court emphasized:

  • The close relational context between the appellants and the fugitive.
  • The adoption of precautionary measures by the defendants.
  • The cryptic language used in conversations.

Conclusions

In conclusion, ruling No. 35375 of 2024 represents an important precedent in Italian jurisprudence regarding aiding and abetting. It clarifies that mere knowledge of the fugitive's risk situation, combined with a trust relationship, may be sufficient to constitute the crime. This approach could have significant implications for future cases and invites broader reflection on the role of awareness and responsibility in aiding and abetting conduct.