Commentary on Judgment No. 37070 of 2023: Improper Robbery and Absorption of the Teleological Aggravating Circumstance

Judgment No. 37070 of April 4, 2023, filed on September 11 of the same year, offers an important reflection on the subject of improper robbery and the application of aggravating circumstances provided for by the Italian Penal Code. In particular, this ruling by the Court of Cassation clarifies how, in the event of the victim's death resulting from violence exerted after the theft of goods, the teleological aggravating circumstance referred to in art. 61, no. 2, of the Penal Code is absorbed into the crime itself, based on the principle of specialty.

Context of the Judgment

The case concerns an individual, M. G., accused of improper robbery, a crime which, according to the Italian Penal Code (art. 628), occurs when violence is used to steal goods. The peculiarity of this judgment lies in the fact that the violence exerted led to the victim's death, an element that raised questions about the legal qualification of the action and the application of aggravating circumstances.

Improper robbery - Death of the victim - Absorption of the teleological aggravating circumstance under art. 61, no. 2, of the Penal Code - Existence. In the context of improper robbery, where violence, exerted immediately after the theft of goods, results in the death of the victim, the aggravating circumstance of the teleological nexus, referred to in art. 61, no. 2, of the Penal Code, is absorbed into the crime by the principle of specialty, given the coincidence between the elements of the commission of the act through the use of violence and the finalistic element of having acted with the purpose of securing the profit of the crime or impunity.

Principle of Specialty and Legal Implications

The Court reiterated the application of the principle of specialty, which establishes that, in the presence of a more specific criminal provision, a less specific aggravating circumstance is absorbed. In this case, the use of violence, which led to the victim's death, is considered a specific and relevant element that, as such, prevails over the teleological aggravating circumstance. This means that the legislator, in defining the crime of improper robbery, has already inherently provided for a form of violence which, if it leads to serious consequences such as death, does not require further aggravation.

• Legislative references: Penal Code, art. 15, art. 61, art. 575, art. 576, art. 628, Constitutional Court.
• Related previous headnotes: No. 42371 of 2006, No. 51457 of 2017, No. 33117 of 2022.
• Divergent headnotes: No. 21458 of 2019, No. 21730 of 2019, No. 36901 of 2011.

Conclusions

Judgment No. 37070 of 2023 represents an important step in Italian jurisprudence, clarifying a critical aspect of improper robbery and its related aggravating circumstances. The Court of Cassation, with its decision, contributes to more clearly defining the boundaries between different criminal offenses and their respective consequences, emphasizing the importance of a coherent and reasoned legal approach in the application of norms. This case not only sheds light on the issue of the teleological nexus but also offers food for thought on how Italian criminal law addresses violence linked to property crimes, underscoring the need to carefully manage the implications of violent conduct.