Judgment No. 17346 of 2024: Offence of Receiving Stolen Goods and Reparation of Damage

The recent judgment No. 17346 of March 28, 2024, issued by the Court of Cassation, offers significant food for thought regarding the matter of receiving stolen goods and the conditions necessary for obtaining mitigating circumstances. In particular, it clarifies that the return of the sum received for intermediation in the sale of goods of criminal origin is not sufficient to obtain a reduction in the sentence. This decision is part of a complex legal framework, where damage reparation plays a central role.

Context of the Judgment

The case concerned the defendant L. C., accused of receiving stolen goods. The Court of Appeal of Palermo had initially recognized mitigating circumstances, based on the return of the sum received for the sale of a stolen item. However, the Court of Cassation partially overturned the decision, establishing that mere restitution is not sufficient to benefit from a reduction in the sentence. This judgment is based on Article 648 of the Italian Penal Code, which governs receiving stolen goods and extenuating circumstances.

Conditions for Obtaining Mitigating Circumstances

Offence of receiving stolen goods - Prerequisites for obtaining mitigating circumstances - Return of the sum received by the receiver for intermediation in the sale to another receiver of the item of criminal origin – Sufficiency - Exclusion - Compensation to the injured party of the value of the lost item – Necessity. For the purpose of obtaining the reduction for full compensation of damages, it is not sufficient for the receiver to return the sum received for the intermediation carried out in the sale of the item of criminal origin to another receiver; it is necessary for them to compensate for non-pecuniary damage and pecuniary damage arising from lost profits and other emergent damages, and furthermore, to pay the owner, victim of the theft, the value of the "res" lost due to receiving stolen goods.

This summary clearly highlights that, to obtain a mitigating circumstance, the receiver must not only return the sum received but also fully compensate the victim for the damage suffered. This implies complete compensation, covering both pecuniary and non-pecuniary damages, such as lost profits and other emergent damages. The judgment emphasizes the importance of ensuring adequate protection for victims of property crimes.

Legal Implications and Conclusions

Judgment No. 17346 of 2024 represents a significant step in protecting the rights of victims of receiving stolen goods. It clarifies that the Italian legal system cannot consider mere restitution sufficient to obtain mitigating circumstances. This principle is fundamental to ensuring fair compensation and discouraging illicit behavior in the context of receiving stolen goods.

In conclusion, the decision of the Court of Cassation offers a clear indication of the necessity for full compensation, underscoring the importance of protecting victims' rights and ensuring that receivers cannot evade legal responsibilities through the simple return of sums of money. An approach that, while strict, could contribute to deterring the receiving of stolen goods and promoting a more equitable justice system.