Commentary on Judgment No. 49478 of 2023: Extortion and Multiple Attempted Crimes

Judgment No. 49478 of October 31, 2023, issued by the Court of Cassation, addresses a crucial issue in criminal law: the configuration of multiple attempted crimes in cases of extortion. This legal ruling clarifies the modalities for applying Article 62, No. 4, of the Italian Penal Code, regarding the assessment of pecuniary damage in cases of threats directed at multiple individuals.

The Case Examined

In this case, the defendant, L. T., had threatened the occupants of a subway car with a knife, attempting to obtain "a few cents." The Court held that, despite the failure to achieve the unjust profit, the threats directed at multiple individuals constituted multiple attempted crimes, which could be unified under the principle of continuing offense.

Threats directed at different persons - Failure to achieve unjust profit - Multiple attempted crimes - Continuing offense - Configurability - Assessment of damage for the purpose of the mitigating circumstance under Article 62, No. 4, of the Penal Code - Reference to each criminal act - Necessity - Case facts. In matters of extortion, a threat aimed at obtaining an unjust profit, directed at multiple individuals, constitutes, where the intent is not achieved, multiple attempted crimes, which can be unified under the principle of continuing offense. For these, the mitigating circumstance under Article 62, No. 4, of the Penal Code must be assessed with regard to the pecuniary damage caused or targeted by the perpetrator for each individual criminal act. (Case facts in which the defendant had threatened subway car occupants with a knife in order to obtain "a few cents").

Assessment of Damage and the Mitigating Circumstance

A fundamental aspect highlighted in the judgment is the necessity of assessing pecuniary damage for each criminal act in order to apply the mitigating circumstance under Article 62, No. 4, of the Penal Code. This implies that the judge must analyze not only the overall damage but also the specific damage that each individual threat potentially caused. These considerations are in line with established jurisprudence, which has repeatedly affirmed the importance of considering individual criminal events distinctly.

Conclusions

Judgment No. 49478 of 2023 represents an important clarification in the field of criminal law regarding the configuration of extortion and multiple attempted crimes. It underscores the need for a careful and specific assessment of pecuniary damage for the application of mitigating circumstances. This approach not only ensures greater justice in judicial decisions but also contributes to greater legal clarity, essential for the interpretation and application of laws concerning property crimes.