Judgment No. 27379/2023 and the Transnationality Aggravating Circumstance in Criminal Law

The recent judgment No. 27379 of February 8, 2023, offers important insights into the configuration of the transnationality aggravating circumstance provided for by Article 4 of Law No. 146 of 2006. This decision, issued by the Court of Cassation, confirmed the possibility of applying the aggravating circumstance even in the presence of a defendant acquitted of an associative crime, thus clarifying some fundamental aspects of criminal liability.

The Transnationality Aggravating Circumstance: What Does the Law Provide?

Law No. 146 of March 16, 2006, aims to combat organized crime on a transnational scale. Article 4 establishes that the transnationality aggravating circumstance can be applied even to those who have not been convicted of an associative crime. This principle was reiterated by the Court, which stated that acquittal from an associative crime does not exclude the defendant's awareness of dealing with and receiving goods from a transnational association.

The transnationality aggravating circumstance, referred to in Article 4 of Law No. 146 of March 16, 2006, is objective in nature and can be applied even to a defendant who has been acquitted of an associative crime, based on the ordinary criteria established by Article 59, paragraph two, of the Criminal Code, i.e., if known, ignored through negligence, or considered non-existent due to an error caused by negligence. (In its reasoning, the Court stated that the defendant's acquittal from the associative crime does not exclude their awareness of dealing with and receiving goods originating from a transnational association).

Criteria for Imputation According to the Court

According to the Court, the criteria for imputation are based on Article 59, paragraph two, of the Criminal Code, which considers ignorance of the law or the constituent elements of the crime as relevant only if due to negligence. This means that even an acquittal can be compatible with the configuration of transnationality if the defendant was aware of the circumstances relating to the origin of the goods handled.

• Awareness of the origin of the goods
• Ignorance due to negligence
• Error caused by negligence

Conclusions

Judgment No. 27379/2023 represents a significant step forward in understanding criminal liability in a global context. It clarifies that the transnationality aggravating circumstance is not excluded by acquittal for an associative crime, paving the way for a broader assessment of individual conduct. This approach could further influence future judicial decisions and defense strategies in similar cases, emphasizing the awareness and diligence that each individual must exercise regarding their actions, especially in a context as complex as that of transnational organized crime.