Commentary on Judgment No. 38368 of 2023 on the Offense of Importing Narcotic Substances

The recent judgment No. 38368 of July 4, 2023, by the Court of Cassation has brought attention to a crucial aspect of criminal law concerning the offense of importing narcotic substances. In particular, the Court clarified when this crime is perfected, establishing that the conclusion of an agreement between the parties is sufficient, without the need for the material delivery of the substance. This ruling offers interesting insights for a deeper understanding of the matter and its related legal implications.

Perfection of the Offense of Importation

The Court affirmed that the offense of importing narcotic substances is perfected at the moment the agreement is concluded between the seller and the buyer, which must contain essential elements such as the quantity, quality, and price of the substance. This means that even if the drug is not actually delivered, the crime is considered consummated. The decision is based on the interpretation of Article 73 of Presidential Decree No. 309/1990, which governs provisions on narcotic substances.

Offense of importing narcotic substances - Moment of perfection - Conclusion of agreement - Sufficiency - Acquisition of material possession of the substance - Necessity - Exclusion - Factual situation. The offense of importing narcotic substances is perfected upon the conclusion of the parties' agreement on the object and conditions of sale of the substance (quantity, quality, and price), without the need for subsequent delivery to the buyer. (In application of this principle, the Court deemed unimpeachable the decision that had considered the offense in question consummated, not attempted, solely by the buyer sending a courier to collect the narcotic abroad, in accordance with the telephone agreements reached with the supplier, which was not followed by the material delivery of the drug).

Legal Implications of the Judgment

This judgment has significant implications for legal practitioners and individuals involved in drug cases. Indeed, the fact that the Court considers the conclusion of an agreement sufficient to deem the offense consummated, without the need for delivery, radically changes the approach to investigations and the evidence required to prosecute drug offenses. Law enforcement agencies and public prosecutors will now need to focus more on gathering evidence related to agreements, rather than on proving the material delivery of the substance.

• Clarity on the interpretation of the offense of importation.
• Impact on legal defense strategies.
• Need to review investigative procedures.

Conclusions

Judgment No. 38368 of 2023 represents a significant benchmark in the legal landscape concerning the offense of importing narcotic substances. It clarifies that the crime is considered consummated with the mere conclusion of an agreement, strengthening the criminal liability of those involved in such illicit activities. It is crucial for legal professionals to consider this principle when preparing defenses and managing drug cases, as the nature of the offense evolves with jurisprudence.