Judgment No. 14652 of 2024: Calculation of Punishment in Case of Robbery with Aggravating Circumstances

The recent judgment of the Court of Cassation No. 14652 of February 21, 2024, filed on April 9, 2024, offers important clarifications regarding the methods for calculating punishment in the crime of robbery, in the presence of multiple aggravating circumstances. This article aims to analyze the main aspects of the decision, particularly concerning the concurrence of special and common aggravating circumstances, and how these influence the determination of the penalty.

The Regulatory Context of the Judgment

The judgment addresses the issue of robbery and its aggravating circumstances, referring to Article 628 of the Italian Penal Code. In particular, the third paragraph of this article establishes the special aggravating circumstances, while the fourth paragraph defines the statutory penalty range. The Court clarifies that, in cases where both special and common aggravating circumstances are present, the judge must first determine the base penalty within the statutory range and then apply the mandatory increases for common aggravating circumstances.

Concurrence of multiple special aggravating circumstances, as per Article 628, third paragraph, of the Penal Code, and multiple common aggravating circumstances - Methods for calculating punishment. Regarding robbery, the judge, in cases where two or more special aggravating circumstances, as per Article 628, third paragraph, of the Penal Code, concur with one or more common aggravating circumstances, shall determine the base penalty within the statutory range provided by Article 628, fourth paragraph, of the Penal Code, and shall subsequently apply the mandatory increases for the further common aggravating circumstances, within the limits set forth in Articles 63 and 66 of the Penal Code.

Methods for Calculating Punishment

The Court of Cassation, with the judgment under review, has established a fundamental principle for calculating punishment in cases of robbery with multiple aggravating circumstances. This principle is based on a logical sequence:

• Determination of the base penalty within the statutory range provided by Article 628, fourth paragraph.
• Application of mandatory increases for common aggravating circumstances.
• Adherence to the limits established by Articles 63 and 66 of the Penal Code.

This method of calculation not only ensures greater fairness in the determination of the penalty but also helps to avoid punitive inflation that could arise from the accumulation of aggravating circumstances.

Conclusions

Judgment No. 14652 of 2024 represents a significant step forward in understanding the Italian criminal justice system, particularly concerning the crime of robbery and aggravating circumstances. It clearly illustrates how special and common aggravating circumstances should be managed to ensure a fair balance between the seriousness of the offense and the punitive response of the State. The Court, therefore, not only clarifies the penalty calculation process but also offers a more just and proportionate interpretation of criminal justice.