04 Jul transfer of drugs and minor fact

For the purposes of recognition or exclusion of the minor fact ex art. 73, co. 5, D.P.R. 309/90, the overall evaluation of the indices listed by the provision in question is necessary. Only then after the outcome of the global evaluation of all the indices that determine the typical profile of the minor fact, it is then possible to verify that one of them actually assumes absorbent value, that is to say that its intrinsic expressiveness is such that it cannot be compensated by that of possibly opposite sign of one or more of the others. In this regard, it cannot be revoked in doubt that the carrying out of the organized trading activity is not in itself an obstacle to the qualification of the fact as of a minor entity, just the express provision of art. 74, co. 6, D.P.R. 309/90, where it recognizes (and sanctions with a milder punishment) the figure of the association aimed at minor drug trafficking. Nonetheless, this last assumption is valid only when it is in any case a drug dealing activity that is likely to be brought back to the bed of the less serious hypothesis in light of the parameters set by the paragraph 5 dell’art. 73 D.P.R. 309/90, jointly evaluated according to the indications of the United Sections (Cass. 5927/20).