Judgment No. 25274 of 2023: The Cumulative Application of Aggravating Circumstances in Robbery

The recent judgment No. 25274 of April 6, 2023, issued by the Court of Cassation, offers significant insights into the application of aggravating circumstances in robbery cases. In particular, it examines the legitimacy of the cumulative application of the general aggravating circumstance under Article 112, No. 1, of the Penal Code and the special aggravating circumstance under Article 628, paragraph one, of the same code. This decision clarifies important aspects relating to the dangerousness and intimidating force that characterize robbery offenses.

The Regulatory Context of Aggravating Circumstances in Robbery

To fully understand the judgment, it is essential to refer to the relevant provisions. Article 112, No. 1, of the Penal Code provides for a general aggravating circumstance for the involvement of multiple persons in the commission of a crime, while Article 628, paragraph one, governs the specific aggravating circumstances related to the use of violence or threat during a robbery. The Court has established that both aggravating circumstances can coexist, as they punish different aspects of the criminal conduct:

• General Aggravating Circumstance (Art. 112, No. 1): Relates to the increased dangerousness inherent in the participation of multiple individuals in the crime, highlighting collective criminal capacity.
• Special Aggravating Circumstance (Art. 628, paragraph one): Focuses on the intimidating force derived from violence or threat exerted simultaneously by multiple individuals, which reduces the victim's ability to defend themselves.

Reasons for the Legitimacy of Cumulative Application

The Court affirmed that the simultaneous application of both aggravating circumstances is legitimate, as each punishes a different aspect of the criminal conduct. The decision emphasizes how the participation of multiple individuals not only increases the intimidating capacity towards the victim but also amplifies the dangerousness of the crime. This approach allows for a better reflection of the reality of the facts, where the plurality of participants in a criminal act can create a situation of vulnerability for the victim.

Special aggravating circumstance under Article 628, paragraph one, of the Penal Code - Cumulative application with the general aggravating circumstance under Article 112, No. 1, of the Penal Code - Legitimacy - Reasons. In matters of robbery, the cumulative application of the general aggravating circumstance under Article 112, No. 1, of the Penal Code and the special aggravating circumstance under Article 628, paragraph one, of the Penal Code is legitimate, given that the former more severely punishes the increased dangerousness inherent in the participation of multiple individuals in the crime, capable of determining a more incisive criminal capacity of the group, while the latter more severely sanctions the increased intimidating force derived from violence or threat emanating simultaneously from multiple individuals present at the predatory action, to which corresponds the reduced possibility of defense for the victim.

Conclusions

Judgment No. 25274 of 2023 represents an important step in Italian jurisprudence concerning criminal law, confirming the importance of the overall assessment of aggravating circumstances in robbery offenses. It offers a clear framework on how the law intends to punish not only the crime itself but also the context in which it occurs, ensuring an adequate response to growing social dangerousness. This approach is fundamental for protecting victims and maintaining public order in society.