COURT OF CASSATION, Criminal Section IV, Judgment No. 19143 filed on 16 May 2022 on the configurability of the crime of unlawful mediation and exploitation of labor

By Judgment No. 19143 of 16 May 2022, the Supreme Court of Criminal Cassation reiterates according to constant jurisprudence of legitimacy that, for the purposes of the configurability of the crime of illegal intermediation and exploitation of labor, the list of exploitation indices referred to in art. 603a, paragraph 3, penal code that must characterize both the activity of recruitment and that of use, recruitment or use of labor, being able to identify additional conditions that may give rise to the abuse of the worker. 

Indeed, according to the Ermines: «The choice to identify expressive behaviors of labor exploitation at the level of probative declination, facilitating the detection of the crime and the indication of conditions that complement exploitation, in fact, does not definitively close the path of the interpreter and that of the judge to the identification of other conduct that integrates the conduct of abuse of the worker».

For a full reading, consult the link below: http://www.italgiure.giustizia.it/xway/application/nif/clean/hc.dll?verbo=attach&db=snpen&id=./20220516/snpen@s40@a2022@n19143@tS.clean.pdf