Judgment No. 14276 of 2022: Sale of Narcotic Substances and Completion of the Offence

The Court of Cassation, with judgment No. 14276 of December 2, 2022, has provided an important interpretation regarding the completion of the offence of selling narcotic substances. In particular, the Court has established that the material delivery of the substance is not necessary to consider the offence as completed. This principle, which may seem controversial, is of fundamental importance for understanding the legal dynamics related to drug offences.

Content of the Judgment

The Court affirmed that, for the purpose of completing the offence of selling narcotic substances, the agreement between the parties on the object and conditions of sale is sufficient. Therefore, the material delivery of the substance to the buyer is not necessary. The Court emphasized that it is irrelevant whether the seller does not have actual availability of the agreed-upon substance, provided they are able to procure and deliver it within a short period.

Sale of narcotic substances - Completion of the offence - Material delivery of the substance - Necessity - Exclusion - Agreement between the parties - Sufficiency. For the purpose of completing the offence of selling narcotic substances, the agreement of the parties on the object and conditions of sale is sufficient, and the material delivery of the substance to the buyer is not necessary. (In its reasoning, the Court clarified that it is irrelevant whether the seller does not have actual availability of the agreed-upon quantity of narcotics, provided they are able to procure and deliver it within a short period).

Legal Implications

This judgment has several legal implications, both for legal professionals and for citizens. Among the main ones, we can list:

• Redefinition of the completion of the offence: the judgment clarifies that the decisive element is not so much the material delivery, but rather the agreement between the parties.
• Possible consequences for the seller: even if they do not have the substance available, it is sufficient for them to demonstrate that they can procure it to be held criminally liable.
• Impact on defence: lawyers will need to review their defence strategies based on this new jurisprudential trend.

Conclusions

In conclusion, judgment No. 14276 of 2022 represents an important evolution in the jurisprudence concerning offences of selling narcotic substances. It emphasizes how the completion of the offence does not depend on the material delivery of the substance, but rather on the agreement between the parties. This principle not only clarifies certain aspects of criminal law but also offers food for thought on how the dynamics of the drug market are influenced by such legal decisions. It remains essential for those involved in similar situations to seek expert professionals for adequate defence.