Analysis of Judgment No. 27573 of 2023: Possession of Counterfeit Revenue Stamps

Judgment No. 27573 of May 16, 2023, issued by the Court of Cassation, addresses a matter of significant importance in the field of crimes against public trust, namely the possession of counterfeit revenue stamps. This ruling provides important clarifications on the criteria to be applied in identifying the typicality of the criminal offense and distinguishes between different categories of crime, highlighting the responsibilities of the perpetrator.

The Regulatory Context

The felony under Article 459 of the Criminal Code, in relation to Article 453, paragraph one, no. 3, punishes the possession of counterfeit revenue stamps. The Court of Cassation has reiterated that the conduct of possessing such stamps constitutes a serious felony, as opposed to the less serious crime under Article 464, which concerns counterfeiting in general.

Felony under Article 459 of the Criminal Code in relation to Article 453, paragraph one, no. 3, of the Criminal Code - Possession of counterfeit revenue stamps - Identification - Criteria. The conduct of possessing counterfeit revenue stamps constitutes the felony under Article 459, paragraph one, of the Criminal Code in relation to Article 453, paragraph one, no. 3, of the Criminal Code, and not the less serious crime under Article 464 of the Criminal Code, because, due to the reference in Article 459 of the Criminal Code to the provision of the preceding Article 453 - which cannot be understood as a mere reference "quoad poenam" - for the purpose of identifying the typicality of the criminal offense, it is necessary - once collusion, even if indirect, of the perpetrator with the authors of the counterfeiting or alteration has been proven - to refer to the content of the cited provision.

Criteria for Identifying the Offense

The judgment in question clarifies that for the offense under Article 459 to be constituted, it is essential to prove the perpetrator's collusion, even if indirect, with the authors of the counterfeiting. This aspect is crucial for defining the boundaries of responsibility. The criteria identified by the Court can be summarized as follows:

• Possession of counterfeit revenue stamps as the punishable conduct.
• Necessity to prove collusion with the authors of the counterfeiting.
• Reference in Article 459 to Article 453 for the definition of the offense's typicality.

Conclusions

Judgment No. 27573 of 2023 represents an important step in understanding the legal dynamics related to the possession of counterfeit revenue stamps. The clarification provided by the Court of Cassation on the distinction between different types of offenses highlights the importance of correct interpretation of the norms to ensure fair application of the law. Knowing one's rights and duties in this area is fundamental for anyone who may find themselves involved in situations related to crimes against public trust.