Cass. pen. Sez. V, n. 2775
Resumen de los hechos
The Defendant convinced two minors to follow him to Italy, promising them a legal job in the Country and obtaining custody powers from their parents. Once they illegally entered Italy, he took their passports away and beat them to force them to pickpocket and hand over to him the stolen goods, threatening them that he would kill or mutilate them if they would run away. He forced them to live in precarious conditions in a occupied facility, together with other hundreds of people. The Defendant forced also another victim to participate in his criminal activities, pickpocketing on tube trains.
Comentario y aspectos destacados
Fecha de la Sentencia:
Base de responsabilidad
• Delincuentes principales
• Ocurrió a través de uno (o más) de las fronteras internacionales (transnacional)
Víctima / Demandantes de primera instancia
positive integer value
Acusado / Demandado de primera instancia
Reduce to or maintain in slavery
Art 600 Criminal Code
The appealed judgment infers the existence of a condition of continuous subjection of the victims due to their being minors, away from their families, placed in a precarious living facility in a foreign Country, deprived of their documents and forced with violence to commit crimes; beyond this natural situation of inferiority and necessity, typical of a minor separated by their family, other elements make the situation even more oppressive. In this scenario, it is logic to infer the basic elements of the exploitation and of the use of the Victims as they belonged to the perpetrator; thus, the crime has been committed.
To commit this crime, the personal freedom does not need to be completely denied. It is possible to consider a conduct as “keeping in slavery” when there is a substantial reduction of a person’s ability of self-determination, so that the condition of subjection (required for this crime) is satisfied.
Unofficial translation of the judgment
Use threats to force someone to commit crimes
Art. 611 Criminal Code
Collusion in aggravated theft
Court of Cassation