Judgment No. 44707 of 2024: An In-depth Look at Robbery and the "Otherness" of the Thing

In the Italian legal landscape, judgment No. 44707 of October 25, 2024, offers significant insights into the crime of robbery, particularly concerning the concept of the "otherness" of the thing. The Court of Cassation addressed a case where the perpetrator had retained ownership of the stolen item but had nevertheless transferred possession to the victim. This decision raises important reflections on the distinction between possession and ownership, which are fundamental in criminal law.

The Regulatory and Jurisprudential Context

The judgment is situated within a regulatory framework clearly defined by the Criminal Code, specifically Articles 628 and 627, which govern robbery and theft, respectively. The Court reiterated that, in the context of robbery, the "otherness" of the thing does not exclude the perpetrator's liability, even if they have retained ownership of the stolen item. This is a crucial aspect, as it highlights that the transfer of possession to the victim is sufficient to establish the unlawfulness of the taking.

The "otherness" of the thing - Retention of ownership of the thing stolen by the perpetrator - Irrelevance - Transfer of possession to the victim, understood as a factual relationship with the thing - Sufficiency for the unlawfulness of the taking. In the context of robbery, the "otherness" of the thing is not excluded if the perpetrator has retained ownership of the stolen item, having transferred possession to the victim of the physical dispossession, given that possession, understood as a factual relationship with the "res," is established even in the absence of a legal bond.

The Distinction Between Possession and Ownership

Judgment No. 44707 of 2024 clarifies how possession, understood as a factual relationship with the thing, can exist even in the absence of a legal bond. This means that the victim of robbery, even if not the owner of the thing, can still exercise a right of possession over it. This interpretation is fundamental to understanding the robber's action, as by transferring possession to the victim, they do not negate their criminal liability.

• The transfer of possession is considered sufficient to establish the unlawfulness of the taking.
• The perpetrator's ownership of the thing is irrelevant for criminal liability for robbery.
• Possession is established even in the absence of a legal bond.

Conclusions

In conclusion, judgment No. 44707 of 2024 represents an important step in understanding the crime of robbery and its constituent elements. The distinction between possession and ownership is essential for correctly interpreting the dynamics of this crime. The Court of Cassation, with this decision, has provided an interpretative key that helps to clarify the perpetrator's responsibilities and protect the rights of victims. It is crucial for legal professionals to pay attention to such rulings, as they directly influence the legal approach in cases of robbery and crimes against property.