Commentary on the ruling of the Court of Cassation, Criminal Section VI, No. 48745 of 2023: the configurability of aiding and abetting

The ruling issued by the Court of Cassation on December 6, 2023, regarding the case of aiding and abetting, provides important insights into the dynamics of Italian criminal law. In it, the Court annulled the previous acquittal of A.A., believing that the Campobasso Court had misinterpreted the configurability of the crime of aiding and abetting under Article 378 of the Penal Code.

The context of the ruling

The case originated from a ruling by the Campobasso Court that had acquitted A.A. of the charge of aiding and abetting for having provided statements to the Judicial Police that could have helped B.B. evade investigations. The Court found that the investigations were already concluded and that the statements made had not hindered the course of the investigations.

The Attorney General appealed, arguing that the Court had erred in excluding the configurability of the crime, as it was not necessary to demonstrate a concrete harm to the investigations, but rather that the statements could potentially alter the factual reconstruction.

The principle of aiding and abetting

The configurability of aiding and abetting does not require proof of concrete harm to the investigations, but is based on the ability of the statements to alter the factual basis of the investigations.

The Court of Cassation clarified that, according to established case law, aiding and abetting is a crime with a free form that can be configured even in the absence of tangible harm. This means that misleading statements can also constitute the crime, if they are capable of creating obstacles to the investigations.

  • The aiding conduct must be such as to facilitate the subject involved in the crime.
  • It is irrelevant whether the aiding and abetting has led to a concrete advantage for the perpetrator of the crime.
  • The statements must be evaluated in the context of the investigations, regardless of their conclusion.

The Court thus annulled the ruling of the Court, referring the case back to the Campobasso Court of Appeal for reevaluation, taking into account the legal principles mentioned above.

Conclusions

The ruling of the Court of Cassation No. 48745 of 2023 fits into an increasingly legal framework attentive to the fight against aiding and abetting and, more generally, against any form of obstruction to criminal investigations. This case highlights the importance of considering statements made to the Judicial Police not only in terms of concrete outcome but also in relation to their potential to alter the course of the investigations. The ruling represents an important affirmation of jurisprudence in this matter, drawing attention to a crime that may seem marginal but has a significant impact on justice and the fight against crime.

Bianucci Law Firm