Commentary on Judgment No. 50257 of 2023: The Minor Offense in Drug-Related Crimes

The recent judgment No. 50257, issued on October 5, 2023, offers significant insights into how Italian jurisprudence addresses the issue of the configurability of drug-related offenses, particularly concerning the notion of "minor offense." The Court, in evaluating the case of a defendant accused of cocaine trafficking, reiterated the importance of a comprehensive analysis of the circumstances of the crime, taking into account the specific conduct and the characteristics of the substances involved.

The Principle of Minor Offense

According to Article 73, paragraph 5, of Presidential Decree No. 309 of October 9, 1990, the configurability of the drug trafficking offense requires a careful and non-superficial assessment of the defendant's conduct. The Court established that it is necessary to consider various factors, including:

• Means used for trafficking;
• Manner in which the crime was committed;
• Quantity and quality of the substances, with particular reference to the degree of purity;
• Number of doses derivable.

Minor Offense - Configurability - Overall assessment of conduct - Necessity - Factual scenario. In matters of narcotics, the configurability of the offense under Article 73, paragraph 5, of Presidential Decree No. 309 of October 9, 1990, requires an adequate overall assessment of the act, in relation to the means, methods, and circumstances of the action, and the quantity and quality of the substances, with reference to the degree of purity, so as to arrive at the affirmation of a minor offense in accordance with the constitutional principles of offensiveness and proportionality of the penalty. (Factual scenario in which the Court deemed the decision that excluded the minor nature of the act to be free from censure, valuing the level of professionalism in the trafficking, inferable from the high degree of purity of the cocaine, with an active ingredient equal to 55.65%, from which a particularly high number of doses was derivable, for 291 units).

Assessment of Minor Offense in the Specific Case

In the analyzed factual scenario, the Court excluded the minor nature of the offense, emphasizing how the purity level of the cocaine, at 55.65%, indicated a level of professionalism in the trafficking. This aspect led to a high number of derivable doses, a total of 291 units, which contributed to deeming the offense not classifiable as minor. The Court's decision is part of a broader legal context, in which the assessment of illicit conduct must always consider the principles of offensiveness and proportionality of the penalty, as enshrined in the Italian Constitution.

Conclusions

In conclusion, judgment No. 50257 of 2023 represents an important reference point for legal professionals, highlighting how the overall assessment of the defendant's conduct is fundamental in establishing the configurability of drug-related offenses. The Court demonstrated that the mere quantity of the substance is not sufficient to classify a crime as minor, but must be accompanied by an in-depth analysis of the case's circumstances. This approach, which ensures respect for constitutional rights, contributes to a more equitable and proportionate justice system.