Commentary on Judgment No. 33139 of 2024: Aggravating Circumstance of Large Quantity of Narcotics
Judgment No. 33139 of 2024 by the Court of Cassation represents an important ruling in criminal law, particularly concerning the aggravating circumstance of a large quantity of narcotic substances. The Court, with its decision, has clarified certain fundamental aspects related to the application of Article 80, paragraph 2, of Presidential Decree of October 9, 1990, No. 309, regarding the configurability of this aggravating circumstance even in the absence of an expert report.
The Issue of Expert Reports and the Aggravating Circumstance
According to the judgment, the aggravating circumstance of a large quantity can be established without the need for a specific expert report on the seized substance. This is particularly significant as it implies that the mere weighing of the substance, coupled with an analysis of the overall evidentiary record, may be sufficient to deem the aggravating circumstance present. Specifically, the Court has established that for so-called "hard drugs," the active ingredient must exceed 2,000 times the maximum value established, while for "soft drugs," the limit is set at 4,000 times.
Aggravating circumstance of large quantity - Existence - Expert report on the seized substance - Necessity - Exclusion - Conditions. In matters of narcotics, the aggravating circumstance of a large quantity under Article 80, paragraph 2, of Presidential Decree of October 9, 1990, No. 309, can be considered established, even in the absence of an expert report, when, based on the overall evidentiary record, it emerges that the active ingredient extractable from the seized substance, and therefore weighed, has reached the "minimum threshold," which is identifiable when the quantity exceeds, for so-called "hard drugs," 2,000 times, and for so-called "soft drugs," 4,000 times, the maximum value, in milligrams, determined for each substance in the table attached to the Ministerial Decree of April 11, 2016.
Implications of the Judgment
This decision has several implications for Italian criminal law. Firstly, it indicates a more flexible approach by the judiciary, which appears to favor a comprehensive analysis of the facts over strictly formal requirements such as expert reports. Furthermore, it clarifies that the seizure and weighing of substances can provide sufficient elements for establishing the aggravating circumstance, thus making repressive measures against drug trafficking offenses more incisive.
- Recognition of the seriousness of the offense.
- Greater legal certainty for judges in applying the law.
- Possibility of harsher penalties for traffickers of large quantities of narcotics.
Conclusions
In conclusion, Judgment No. 33139 of 2024 represents a step forward in the fight against drug trafficking, confirming the importance of the minimum threshold for establishing the aggravating circumstance of a large quantity. Legal practitioners must now bear in mind that the absence of an expert report does not preclude the possibility of applying the aggravating circumstance, provided that the factual data collected clearly demonstrates the gravity of the situation. Staying updated on such jurisprudential developments is crucial for proper defense and for addressing the challenges related to drug offenses within our legal system.
