Judgment No. 37276 of 2023: The Objective Aggravating Circumstance in Drug Possession

Judgment No. 37276 of June 7, 2023, filed on September 13, 2023, offers important clarifications regarding the objective aggravating circumstance provided for by Article 80, paragraph 1, letter e) of Presidential Decree No. 309 of 1990, concerning the possession of adulterated narcotic substances. This ruling by the Court of Cassation is part of the relevant jurisprudence and provides food for thought for legal professionals and citizens.

Content of the Judgment

In this judgment, the Court declared the appeal filed by the defendant inadmissible. The defendant had been convicted for possession of cocaine mixed with levamisole. The Court emphasized that the presence of adulterated substances constitutes an objective aggravating circumstance, which does not require proof of specific intent on the part of the perpetrator. Criminal liability is therefore based on negligence, which must be assessed according to the criterion of foreseeability in concrete terms.

Aggravating circumstance under Article 80, paragraph 1, letter e), Presidential Decree No. 309 of 1990 - Objective nature - Imputation criterion - Factual case. The circumstance provided for by Article 80, paragraph 1, letter e), Presidential Decree of October 9, 1990, No. 309 (adulterated or mixed narcotic or psychotropic substances in such a way as to accentuate their harmful potential) constitutes an objective aggravating circumstance, for the imputation of which it is sufficient that the perpetrator was unaware, through negligence, to be verified according to the standard of concrete foreseeability, of the existence of its constituent elements. (Factual case relating to the possession, for the purpose of distribution, of cocaine mixed with levamisole, such as to accentuate its harmful potential).

Practical Implications of the Objective Aggravating Circumstance

The consideration of the objective aggravating circumstance has significant effects on the determination of the penalty and the assessment of the responsibility of the involved subject. In particular, the following points can be highlighted:

• Negligence, understood as ignorance of the existence of constituent elements, can lead to criminal liability even in the absence of intent.
• The criterion of foreseeability plays a central role in assessing the subject's conduct, making the analysis of the concrete circumstances of the case fundamental.
• This jurisprudential interpretation contributes to clarifying the boundary between criminal liability and negligence, establishing a necessary balance for the protection of public health.

Conclusions

Judgment No. 37276 of 2023 by the Court of Cassation represents an important step forward in understanding the objective aggravating circumstance within the context of drug legislation. With its ruling, the Court not only reiterates the importance of foreseeability in criminal liability but also offers useful guidance for legal professionals and citizens who must confront the legal implications of possessing narcotic substances. Clarity of the law and jurisprudence is essential to ensure fair and just application of the law.