Cassation court dismisses appeal against aggravated attempted theft conviction due to lack of evidence for non-punishability.
Sintesi Legislator
Generato dall'IAThe Court of Cassation dismissed Francesco Farri's appeal against his conviction for aggravated attempted theft. Farri argued that the lower courts arbitrarily reconstructed the facts, ignoring surveillance footage showing he voluntarily left the site without committing the act, and failed to consider statutory grounds for non-punishability due to minimal offensiveness. The court rejected these claims, ruling that the evidence clearly supported the finding of an attempted crime and that the sentence imposed was legally sound and within judicial discretion.
Regesto Legislator
Generato dall'IAArt. 625, n. 2 e 7 bis cod. pen.; Art. 131 bis cod. pen.: The court must not arbitrarily reconstruct facts contrary to surveillance evidence; a voluntary departure without completed acts negates the attempt, and minimal offensiveness may preclude punishment if no damage occurred.