Analysis of Judgment No. 37861 of 2023 on Robbery and Non-Economic Profit

Judgment No. 37861 of June 9, 2023, issued by the Court of Cassation, represents an important jurisprudential intervention in the field of criminal law, particularly regarding the crime of robbery. The Court has definitively clarified that, in the crime of robbery, the profit obtained by the perpetrator does not necessarily have to be of an economic nature. This aspect is relevant not only for the legal definition of the crime but also for its practical implications.

The Concept of Profit in Robbery

In the Italian legal context, robbery is governed by Article 628 of the Criminal Code, which provides for the existence of the crime when a person takes possession of another's property through violence or threat. However, the judgment in question expands the notion of profit to include benefits that may also be non-economic. As stated in the summary:

Robbery - Profit - Advantage also of a non-economic nature - Existence - Case law. In the crime of robbery, profit can consist of any utility, even non-economic or merely moral, and any satisfaction or enjoyment that the perpetrator expects to derive, even if not immediately, from their action, provided that the conduct is carried out by taking possession with violence or threat of another's movable property and removing it from whoever holds it. (Case in which detained defendants, using violence and threat against prison guards, had taken possession of the keys to the gates separating the various sections of the penitentiary institution).

This definition significantly broadens the scope of the provision, allowing for the consideration of advantages of a moral or psychological nature, which the perpetrator might derive from the criminal act. This interpretation is fundamental, as it makes the law more adequate to capture the nuances of criminal conduct.

Legal and Practical Implications

The implications of this judgment are considerable. Indeed, it can influence the assessment of other property crimes, as it establishes a significant legal precedent. Some key points to consider are:

• The need for a broader interpretation of the motivations behind a robbery offense.
• The possibility of including non-tangible advantages in the assessment of profit, making the analysis of robbery cases more complex.
• The strengthening of protection for victims of robbery, whose experiences may include moral damages in addition to material ones.

Conclusions

In conclusion, Judgment No. 37861 of 2023 by the Court of Cassation not only clarifies the notion of profit in the crime of robbery but also represents a step forward towards a more complete and nuanced understanding of this offense. Its practical application may have a significant impact on future jurisprudence, requiring greater attention to the moral and psychological dimensions of criminal actions. Legal professionals will therefore need to be prepared to confront this new perspective, ensuring a more equitable and comprehensive justice.