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Judgment No. 33652 of 2023: Fugitivity and Social Dangerousness in Criminal Law

The judgment No. 33652 of July 6, 2023, by the Court of Cassation represents an important stance regarding the assessment of the social dangerousness of an individual in relation to their fugitivity. With this decision, the Court addresses a crucial issue for Italian criminal law: how should fugitivity be interpreted in the context of prevention measures?

The Context of the Judgment

In the specific case, the defendant, G. A., was subject to prevention measures due to his long fugitivity. The Court of Appeal of Reggio Calabria had declared the request for revocation of the measures inadmissible, arguing that prolonged fugitivity was indicative of current social dangerousness. This principle is fundamental as it establishes a direct link between an individual's behavior and the risk they pose to society.

The Maxim of the Judgment

Long-term fugitivity - Relevance for the current social dangerousness - Existence. The current social dangerousness of the individual subject to the prevention measure can logically be deduced from their long-term fugitivity, considered possible due to a network of support related to organized and efficient criminal groups, with which it is rational to presume that the individual is in contact. (Conf.: No. 3175 of 1995, Rv. 202145-01).

The maxim highlighted here emphasizes that fugitivity is not only an element of evasion from justice but can also be interpreted as an indicator of a support network that the fugitive may have with criminal groups. This deduction is fundamental for understanding the risk that a fugitive may pose to the community. The Court, citing a previous ruling, underscores the importance of such ties in assessing social dangerousness.

Implications of the Judgment

This judgment has several implications for the Italian legal system. Firstly, it underscores the need for a more careful and rigorous assessment of social dangerousness in cases of fugitivity. Furthermore, it suggests that the mere absence of the individual from the territory should not be viewed as an isolated factor but must be contextualized within a broader framework of relationships and behaviors.

  • Strengthening of prevention measures for fugitives.
  • Need for monitoring the support networks of fugitives.
  • Possibility of stricter measures against individuals with ties to criminal groups.

Conclusions

Judgment No. 33652 of 2023 marks an important step in strengthening prevention measures in Italian criminal law. The Court of Cassation, emphasizing the link between fugitivity and social dangerousness, offers relevant insights for legal reflection and the formulation of more effective policies against organized crime. It is essential that the legal system continues to evolve to address the challenges posed by modern crime while ensuring the respect of individuals' fundamental rights.