Analysis of Judgment No. 17320 of 2022: Differences Between Aggravating Circumstances in the Crime of Robbery

The recent judgment No. 17320 of 2022 by the Court of Cassation has provided important clarifications regarding aggravating circumstances in the crime of robbery, particularly in relation to the victim's age. This ruling is of particular relevance to all legal professionals, as it precisely defines when specific aggravating circumstances apply and what their legal implications are.

Aggravating Circumstances in the Crime of Robbery

In the context of Italian criminal law, the crime of robbery is governed by Article 628 of the Criminal Code. It provides for various aggravating circumstances, which can increase the penalty for the offender. In particular, the judgment under review focuses on two aggravating circumstances:

• Art. 628, paragraph three, no. 3-quinquies: Concerns the victim having exceeded the age of sixty-five.
• Art. 61, no. 5: Refers to the presumption of the victim's increased vulnerability due to age.

The Focal Point of the Judgment

Aggravating circumstance under Art. 628, paragraph three, no. 3-quinquies, of the Criminal Code - Aggravating circumstance under Art. 61, no. 5, of the Criminal Code - Differences. The special aggravating circumstance, provided for the crime of robbery by Art. 628, paragraph three, no. 3-quinquies, of the Criminal Code, is related to the fact that the victim has exceeded the age of sixty-five, and not to the relative presumption of the victim's increased vulnerability due to age, to which the common aggravating circumstance provided for by Art. 61, no. 5, of the Criminal Code refers instead. (In its reasoning, the Court specified that the aggravating circumstance of the victim's age under Art. 628, third paragraph, no. 3-quinquies, of the Criminal Code applies in the case of robbery committed against a person over sixty-five years of age, without the need for a specific investigation into the actual impact of the injured party's age on the commission of the criminal conduct, or without the possibility of proving the irrelevance, in the specific case, of the age data).

The Court clarified that the aggravating circumstance provided for by Art. 628, paragraph three, no. 3-quinquies, applies automatically when the victim has exceeded sixty-five years of age, without the need for further proof regarding the specific vulnerability of the victim. This approach significantly simplifies the burden of proof for the prosecution, making the application of the rule easier.

Legal Implications and Conclusions

The consequences of this judgment are significant. On the one hand, it strengthens the protection of the elderly, recognizing the importance of protecting a category of individuals who, due to their age, may be more exposed to criminal behavior. On the other hand, it avoids an excessively subjective application of the rules, limiting the scope of investigation into the victim's vulnerability.

In conclusion, judgment No. 17320 of 2022 represents a step forward in defining aggravating circumstances in the crime of robbery, establishing a clear normative boundary that protects the most vulnerable segments of the population. It is essential for legal professionals to consider these differences for the correct application of current regulations.