Cassation, Judgement No. 8366/2011
Buying drugs 'use group' is an irrelevant criminal behavior, even after the reform (Fini Giovanardi - Law 46/2006), provided that there is a clear and undisputed "the mandate to purchase "astounding. In essence, consuming drugs in the group "does not include criminal prosecutions, but only the inevitable signal to the prefect, if the substance was purchased by a joint decision of all participants.
The Supreme Court returned to the non-prosecution deal with the limits provided for by Presidential Decree 309/90. To complicate the implementation of the new Article 73 is the adverb "only" added to the "old" personal use according to the Attorney General of the Eagle, which had challenged a dismissal with the formula of "fact not required by law as a crime "Fini Giovanardi-would apply in all cases where the amount, the manner of presentation or other circumstances give up the seized drugs' intended to use not only personal." Under this view, every purchase "too much" "it creates a dangerous and alarming fact, as it contributes to the spread "of drugs" by increasing the habit "of recipients, thereby destroying the social and health objectives of the legislature in 2006.
The Supreme Court reiterated that the consumption of the group 'is appalesa as a particular species of the genus constituting the broader concept of detention "for personal use: the specificity is crucial and exonerating" the achievement of positive proof of a common purpose and that the original unites and shapes the participation of the individual, "characterizes" the common denominator for personal use only. "
So if there is prior agreement on the purchase and consumption, continues to rely on the area Article 73 not to be prosecuted also for groups. But conversely this means - the Supreme Court concluded - that the offense does not cease if a group decides to use the amazing "already owned by one of them": the seller "foreign" is ultimately comparable to a drug dealer.
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