Receiving Stolen Goods and Eventual Intent: Analysis of Judgment No. 13213 of 2024

Judgment No. 13213 of February 22, 2024, filed on April 2, 2024, addresses a matter of significant importance in criminal law: receiving stolen goods and, in particular, the psychological element connected to it. The interpretation of eventual intent, in this context, proves crucial, especially when considering the purpose of facilitating mafia-type associations.

The Legal Context of Receiving Stolen Goods

Receiving stolen goods, governed by Article 648 of the Criminal Code, occurs when a person purchases, receives, or otherwise appropriates goods derived from a crime. The judgment under review clarifies that intent can also manifest in the eventual form. This means that the perpetrator, even without certainty of the illicit origin of the goods, foresees the concrete possibility of such origin and accepts the associated risk.

Receiving stolen goods - Psychological element - Eventual intent - Configurability - Existence - Conditions. In the context of receiving stolen goods (in this case, aggravated by the purpose of facilitating a mafia-type association), intent can also be configured in the eventual form when the perpetrator foresees the concrete possibility, accepting the risk, of the illicit origin of the money received and invested.

This jurisprudential maxim emphasizes that eventual intent cannot be overlooked in the analysis of the conduct of individuals involved in acts of receiving stolen goods, especially in situations where the risk of connection with illicit activities is high.

Implications of the Judgment

The implications of this judgment are manifold and extend beyond the individual case. In particular, it clarifies how awareness of the risk associated with the origin of goods can lead to the commission of the crime of receiving stolen goods, even in the absence of certain proof of illicit origin. Among the salient points of the judgment and its implications, we can highlight:

• Recognition of eventual intent as a form of intent in receiving stolen goods.
• Importance of the perpetrator's awareness of the risk.
• Direct link between receiving stolen goods and the activities of mafia associations.

Conclusions

Judgment No. 13213 of 2024 represents an important step forward in understanding the crime of receiving stolen goods and its configurability in relation to eventual intent. It emphasizes the need for careful evaluation of the conduct of individuals involved in acts of receiving stolen goods, especially in contexts where the risk of connection with illicit activities is high. In a complex legal system like the Italian one, this jurisprudential clarification offers useful tools both to legal professionals and citizens, contributing to greater awareness of the criminal responsibilities related to such conduct.