Aiding and Abetting Prostitution and "Quid Pluris": Cassation No. 13825/2025 Defines Boundaries for NCC and Taxi Drivers

With the decision filed on April 9, 2025, the Third Criminal Section of the Court of Cassation revisits the issue of aiding and abetting prostitution, as provided for by art. 3, paragraph 1, letter 8, of Law no. 75/1958 (the so-called "Merlin Law"). The case concerns a rental car with driver who habitually accompanied sex workers to places of prostitution, also offering them drinks and cigarettes. The Court upheld the conviction, clarifying which conduct of professional transport exceeds the ordinary service contract, thus constituting the crime.

The Facts and the Procedural Path

The Court of Appeal of Perugia had found an NCC driver liable for periodically transporting a group of women – for a fixed fee, individual or collective – to places where prostitution was practiced, providing them with "comfort items." The appeal alleged the absence of a concrete advantage procured for the prostitution activity. The Cassation Court, referring to previous rulings (Cass. 12633/1999, 35718/2007, 28212/2016, 16689/2018), rejected the appeal, reiterating that mere transport, if characterized by continuity and an additional contribution beyond the normal service, constitutes the material element of the crime.

The continuous accompaniment of prostitutes to the place of prostitution, even if carried out by a professionally licensed individual engaged in transport, constitutes the crime of aiding and abetting prostitution, provided that the aforementioned individual offers a "quid pluris" beyond the ordinary contractual relationship. (Case in which the Court found the crime against a rental car with driver who, for a fixed fee, differentiated based on the type, individual or collective, of transport, also supplied the transported women with comfort items such as drinks and cigarettes).

Comment: The ruling highlights two key points: the continuity of the service and the existence of a quid pluris. Occasional single transports – typical of taxis or NCC services – are not punished, but rather systematic activity that facilitates the organization of prostitution, enriching it with additional services. The "quid pluris" acts as a discriminator between the lawful exercise of a transport business and criminally relevant conduct. The judge must therefore assess: the duration of the relationship, the frequency of trips, the planning of schedules according to the needs of prostitution, and the potential provision of goods or logistical support.

The Objective and Subjective Elements of the Crime

Pursuant to art. 3, letter 8 of Law 75/1958, aiding and abetting consists of any activity that facilitates, in a non-marginal way, the exercise of prostitution by others. Jurisprudence requires:

• Concrete Contribution: Habitual transport reduces the time, costs, and risks for sex workers, making their activity more profitable.
• Continuity of Action: A plurality of agreed-upon trips, sometimes with established night hours.
• Quid Pluris: Availability of goods or other services (e.g., accommodation, promotion, surveillance).

As for intent, the driver's awareness of contributing to prostitution is sufficient. Proof of a pactum sceleris with the prostitute is not required: awareness of the help provided and acceptance of the risk are enough.

Practical Implications for Transport Operators

The ruling offers valuable guidance for those providing taxi or NCC services:

• Maintain the occasional nature of the rides, avoiding forms of stable agreements with individuals engaged in prostitution.
• Do not provide ancillary services that demonstrate logistical support for illicit activity.
• Document trips according to administrative regulations (ride log, service sheet) to demonstrate the randomness of the transport.

Furthermore, potential complicity with the crime under art. 416 of the Italian Criminal Code (criminal association) is relevant when the transport organization is part of a broader system of exploitation.

Conclusions

Cassation No. 13825/2025 reiterates a strict interpretative line: transport professionals who place themselves permanently at the service of others' prostitution, adding further services, cross the threshold of legality. The notion of quid pluris therefore becomes a guiding criterion for distinguishing legitimate entrepreneurial activity from criminal conduct, with significant implications in terms of criminal liability and possible accessory measures (confiscation of the vehicle, closure of the garage). Operators in the sector are called upon to adopt internal policies and staff training to prevent risky behavior, in compliance with the law and their professional reputation.