Commentary on Judgment No. 28269/2023: The Minor Nature of Damage in the Crime of Robbery

Judgment No. 28269 of May 31, 2023, by the Court of Cassation represents an important jurisprudential intervention concerning property crimes and, in particular, the configurability of the mitigating circumstance of damage of special minor nature in the crime of robbery. In this decision, the Court clarified that the assessment of the minor nature of the damage cannot be limited solely to the value of the property stolen but must also consider the material and moral consequences for the victim.

The Decision of the Court of Cassation

In the specific case, the Court rejected the appeal filed by M. C., accused of robbery, finding that the damage suffered by the victim, valued at 700 euros, was not of minor significance. The Court emphasized that, to establish the mitigating circumstance of damage of special minor nature, it is necessary to examine the event in its entirety, taking into account the multi-offending nature of the crime of robbery.

MINOR NATURE - Configurability with regard to the crime of robbery - Conditions - Global assessment of the damaging or dangerous event - Necessity - Case law. In terms of the mitigating circumstance of damage of special minor nature, its configurability in relation to the crime of robbery does not require only the very modest value of the movable property stolen; it is necessary to also assess the damaging effects connected to the violation of the person against whom violence or threat was exercised, given the multi-offending nature of the crime, which infringes not only on property but also on the freedom and physical and moral integrity of the person attacked for the purpose of profit. (Case in which the Court deemed correct the decision that had excluded this mitigating circumstance on the dual grounds that the damage caused to the victim, from whom property valued at 700.00 euros was stolen, was not of minor significance regardless of the victim's capacity to bear it, and that the predatory action had been carried out by means of armed threat).

Reflections on Jurisprudence and Current Legislation

This judgment is part of a legal context in which the assessment of damage in the crime of robbery is fundamental for determining penalties and mitigating circumstances. In particular, according to Article 62, paragraph 1, letter 4, of the Italian Penal Code, the judge must consider not only the value of the property stolen but also the methods by which the crime was committed and the consequences for the victim. It is therefore important that legal professionals are aware of the need for a holistic approach in assessing property crimes.

• Assessment of damage not limited to economic value alone
• Consideration of moral and physical consequences for the victim
• Importance of the multi-offending nature of the crime of robbery

Conclusions

In conclusion, judgment No. 28269 of 2023 offers us an important reflection on the complexity of assessing robbery offenses. The Court of Cassation has highlighted the importance of considering not only the value of the stolen goods but also the context in which the crime occurs and the consequences it entails for the victim. This approach not only protects the victim but also contributes to a fairer and more considered justice.