Criminal association and people acting in concert to commit a continued crime: is the border really subtle?

Issue 9/2020

Abstract. The Criminal Section III of Court of Cassation, with the ruling under consideration, focuses on the difficult and delicate issue of the difference between criminal association and people acting in concert to commit a continued crime. The Supreme Court of Cassation deals with issue by focusing, once again, how by making good use of the principles governing the matter under consideration, the boundary between the behavior of the “associate” and that of the competitor is really not so subtle and uncertain.

SUMMARY: 1. Introductory reflections. – 2. The present case and the judgement. – 3. Criminal association: examination. – 3.1. The stable link as a basis of criminal agreement. – 3.2. Organization of people and means. – 3.3. Indeterminate criminal program. – 4. People acting in concert: essential features. – 5. Accomplices united by the same criminal plan: the long-standing issue of the people acting in concert to commit a continued crime. – 6. From theory to practice. – 7. Consequence in the trial due to incorrect legal characterization: brief comments. – 8. The ratio between criminal association and people acting in concert to commit a continued crime: conclusion.

To read the Reflection, click on “open file”.

To read the judgement discussed here, click here.