The crime of robbery is aggravated if committed wearing a mask. This was established by the Court of Cassation, rejecting the appeal of a man who had been convicted in the first and second degree of robbery with the application of the aggravating circumstance relating to the distortion of the face: crime committed while wearing the mask, made mandatory by the anti -Covid. The robber – notes the Adnkronos consulting the maximum amount of the Administrative Gazette of the Italian Republic Foundation – had turned to the Supreme Court, relying on the fact that in a period of emergency Covid could not have carried out the robbery without the mask, since the latter was imposed By law. In practice, according to the perpetrator of the crime, it would have been a compulsory behavior provided for by the current legislation and therefore, it could not have constituted an aggravating circumstance to the crime of robbery. The II Criminal Section of the Court of Cassation, with sentence no. 1712 filed on January 17, 2022, however, considered the appeal unfounded as the camouflage of the face due to wearing the mask is in any case connected to the commission of the crime and useful to make it difficult to recognize the perpetrator of the fact. Furthermore, for the Supreme Court, the application of the aggravating circumstance is correct since the connection of “necessary occasionality” of the robbery carried out wearing the mask excludes the possibility of considering the latter conduct as a mere fulfillment of duty. Antonio Atte)
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