Association Aimed at Drug Trafficking: Analysis of Judgment No. 51714 of 2023
Judgment No. 51714 of November 23, 2023, issued by the Court of Cassation, offers an important reflection on the configurability of the crime of association aimed at drug trafficking. This ruling is part of a complex legal context, where the boundaries between the various roles within a criminal association can be blurred. The Court's analysis focuses on the necessity of a common purpose among participants, clarifying that the diversity of personal objectives does not prevent the crime from being configured.
Content of the Judgment
The Court of Cassation has established that, for the crime of association aimed at drug trafficking to be configured, the existence of a common interest in introducing drugs into the market is sufficient. This aspect is crucial, as the judgment clarifies that the associative bond persists even between sellers and buyers, despite the different personal motivations of each associate. The Court stated:
Association aimed at drug trafficking - Configurability of the crime - Conditions - Common interest in introducing drugs into the market - Diversity of personal aims pursued by associates - Irrelevance - Case law. For the crime of association aimed at drug trafficking to be configured, the existence among participants of a lasting common purpose, constituted by the interest in introducing drugs into the consumption market, is sufficient, so that the associative bond exists even between sellers and buyers of the substance, the diversity of personal aims and profits that individuals intend to obtain from carrying out the criminal activity being irrelevant.
Legal Implications
This judgment has significant legal implications, emphasizing that mere participation in a criminal association aimed at drug trafficking is sufficient to constitute the crime, regardless of the personal aims of individual members. This means that even those who act primarily as buyers can be considered part of a larger organization, if there is a lasting understanding and a shared objective. This interpretation aligns with the principle of social dangerousness provided for by our legal system, which aims to repress not only individual acts of trafficking but also the organized structures that support it.
- Regulatory references: DPR 10/09/1990 no. 309 art. 74
- Established case law: previous judgments confirming this interpretation
- Importance of common purpose
Conclusions
In conclusion, judgment No. 51714 of 2023 by the Court of Cassation represents an important reference point for case law on drug trafficking. It clarifies that the presence of a common purpose among members of a criminal association is sufficient to configure the crime of association, regardless of individual aims. This interpretation contributes to strengthening the fight against drug trafficking, highlighting the need for a legal approach that considers the complex reality of criminal networks.
