Judgment No. 48560 of 2023: Personal Aiding and Abetting in the Context of Associative Crimes

Judgment No. 48560 of July 4, 2023, filed on December 6 of the same year, represents an important opportunity for reflection on the theme of personal aiding and abetting in relation to associative offenses provided for by Article 416-bis of the Criminal Code. The Court of Cassation, with this decision, ruled on a case where an individual was accused of having assisted a member of a mafia-type association, evading authorities' investigations.

Configurability of Personal Aiding and Abetting

The Court clarified that the offense of personal aiding and abetting is applicable when the agent's conduct is aimed at supporting a participant in evading investigations, without, however, the intention of joining, with "animus socii," the criminal action. This aspect is crucial, as it clearly distinguishes personal aiding and abetting from complicity in an associative crime.

The offense of personal aiding and abetting is applicable during the commission of an associative crime under Article 416-bis of the Criminal Code when the agent's conduct is supported by the intention to help the participant evade the authorities' investigations and not by the will to participate, with "animus socii," in the criminal action. (Case where the offense of personal aiding and abetting was deemed to exist in response to conduct consisting of recovering and delivering a listening device for a member of a mafia-type association).

Legal Implications

This judgment is part of a complex legal context, where the distinction between aiding and abetting and complicity in a crime is of fundamental importance. According to Article 110 of the Criminal Code, complicity in a crime implies active cooperation, whereas in the case of personal aiding and abetting, the agent's attitude is one of mere assistance to the person already involved in the crime. The following considerations can help clarify the situation:

• Aiding and abetting does not require active participation in the criminal action.
• The aiding and abetting party must act with the intention of obstructing investigations.
• Criminal liability can also arise from acts that do not appear directly connected to the main crime.

Conclusions

Judgment No. 48560 of 2023 offers an important interpretation for legal professionals and citizens regarding the configurability of personal aiding and abetting within associative offenses. It emphasizes how the intention to help a participant evade investigations can constitute criminally relevant conduct, regardless of the intention to participate in the criminal action. This clarification is fundamental both for the protection of legality and for the correct application of criminal laws.