Judgment No. 14276 of 2022: Transfer of Narcotic Substances and Commission of the Crime
The Court of Cassation, with judgment No. 14276 of December 2, 2022, provided an important interpretation regarding the commission of the crime of transferring narcotic substances. In particular, the Court established that physical delivery of the substance is not necessary to consider the crime as committed. This principle, which may seem controversial, is fundamental for understanding the legal dynamics related to drug offenses.
The Content of the Judgment
The Court stated that, for the purposes of the commission of the crime of transferring narcotic substances, it is sufficient for the parties to have an agreement on the object and the conditions of sale. Therefore, physical delivery of the substance to the buyer is not necessary. The Court emphasized that it does not matter if the seller does not have actual possession of the agreed-upon substance, as long as they are able to procure and deliver it within a short period of time.
Transfer of narcotic substances - Commission of the crime - Physical delivery of the substance - Necessity - Exclusion - Agreement between the parties - Sufficiency. For the purposes of the commission of the crime of transferring narcotic substances, it is sufficient for the parties' agreement on the object and the conditions of sale, with physical delivery to the buyer of the substance not being necessary. (In its reasoning, the Court clarified that it does not matter if the seller does not have actual possession of the agreed-upon quantity of narcotic substance, provided they are able to procure and deliver it within a short time).
Legal Implications
This judgment has several legal implications, both for legal practitioners and for citizens. Among the main ones we can list:
- Redefinition of the commission of the crime: the judgment clarifies that the decisive element is not so much the physical delivery, but the agreement between the parties.
- Possible consequences for the seller: even if they do not have the substance available, it is sufficient that they demonstrate the ability to procure it to be held criminally liable.
- Reflections on defense: lawyers will need to revise defense strategies based on this new jurisprudential orientation.
Conclusions
In conclusion, judgment No. 14276 of 2022 represents an important evolution in jurisprudence regarding the crimes of transferring narcotic substances. It emphasizes that the commission of the crime does not depend on the physical delivery of the substance, but rather on the agreement between the parties. This principle not only clarifies certain aspects of criminal law but also offers insights into how the dynamics of the drug market are influenced by such legal decisions. It remains essential for those involved in similar cases to seek the advice of experienced professionals for adequate defense.
