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

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

Context of the Judgment

In the specific case, the defendant, G. A., was subject to preventive measures due to his prolonged fugitive status. The Court of Appeal of Reggio Calabria had declared the request for the 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 a subject's behavior and the risk they pose to society.

The Ruling's Maxim

Prolonged Fugitivity - Relevance for the Currentness of Social Dangerousness - Existence. The currentness of social dangerousness of a person subject to preventive measures can be logically deduced from their prolonged fugitive status, considered possible as a result of a network of support attributable to organized and efficient criminal groups, with whom it is rational to assume the individual is in contact. (Conf.: No. 3175 of 1995, Rv. 202145-01).

The maxim presented here highlights how fugitivity is not merely an act of evading 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 to understanding the risk that a fugitive may pose to the community. The Court, citing a previous judgment, emphasizes the importance of such connections in assessing social dangerousness.

Implications of the Judgment

This judgment has several implications for the Italian legal system. Firstly, it highlights 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 subject from the territory cannot be viewed as an isolated factor but must be contextualized within a broader framework of relationships and behaviors.

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

Conclusions

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