Analysis of Judgment No. 37091 of 2023: Extortion and Attempted Crime

Judgment No. 37091 of July 19, 2023, filed on September 11, 2023, offers important insights into the interpretation of attempted crime in the context of extortion. The case under review involves the defendant R. C., who was charged with attempted extortion through the transmission of extortionate messages entrusted to intermediaries. The Court partially annulled the decision of the review court, emphasizing the importance of evidence of strong circumstantial grounds.

The Legal Framework of Attempted Extortion

In Italian criminal law, attempted crime is governed by Article 56 of the Criminal Code, which establishes that punishability for an attempt requires the perpetrator to have undertaken concrete acts towards the commission of the crime. The judgment in question clarifies that the configurability of an attempt is not limited to execution acts alone but also includes preparatory acts that demonstrate a clear intent to commit the crime.

In particular, the Court highlighted that it is necessary to assess the probability of achieving the planned criminal objective. This implies that, for an attempt to be established, the perpetrator must have devised a detailed plan and already initiated the necessary actions. If such preparatory acts do not demonstrate an actual possibility of achieving the criminal event, the attempt cannot be prosecuted.

The Court's Ruling and Considerations on the Specific Case

Preparatory Acts - Transmission of Extortionate Messages via Intermediaries - Proof of Suitability and Uniqueness of Acts - Probability of Achieving the Event - Case Law. For the configurability of an attempt, not only actual execution acts are relevant, but also those that, although classifiable as preparatory, reasonably suggest that the perpetrator, having definitively finalized the criminal plan in every detail, has begun to implement it, that the action has a significant probability of achieving the planned objective, and that the crime will be committed, barring unforeseeable events independent of the offender's will. (Case concerning extortion, in which the Court censured the decision of the review court due to the absence of strong circumstantial grounds regarding the circumstances that the extortionate messages, entrusted to two intermediaries, had reached the recipients, that the intermediaries were reliable individuals, that they held a specific position within the mafia association, and that the origin of the extortionate demands was recognizable by the victims).

In the specific case, the Court censured the decision of the review court for the lack of strong circumstantial grounds regarding the receipt of the extortionate messages by the victims. Furthermore, the reliability of the intermediaries and their role within the criminal group were questioned, emphasizing how these elements are fundamental to demonstrating the configurability of attempted extortion.

Conclusions

Judgment No. 37091 of 2023 represents an important reminder of the need for a thorough analysis of preparatory acts and their suitability to demonstrate attempted extortion. Jurisprudence continues to clarify the boundaries between attempt and consummated act, highlighting the importance of evidence and strong circumstantial grounds in Italian criminal law. The Court's decision invites reflection on the effectiveness of preventive measures against criminal activities and the necessity of ensuring a fair assessment of evidence in judicial proceedings.