Analysis of Judgment No. 49667 of 2023: Preterintentional Homicide and Mixed Intent

Judgment No. 49667 of November 10, 2023, filed on December 13, 2023, offers an important reflection on the subjective element of the crime of preterintentional homicide. In a complex legal landscape, the Court of Assizes of Appeal of Florence has emphasized how the psychological element of this offense is a combination of intent and negligence, opening significant avenues for discussion in Italian jurisprudence.

Mixed Intent and Negligence in the Crime of Preterintentional Homicide

The maxim of the judgment states:

Subjective element - Intent mixed with negligence - Characteristics - Indication. The psychological element of the crime of preterintentional homicide is a combination of intent, for the crime of assault or battery, and concrete negligence, for the fatal outcome.

This statement clarifies that preterintentional homicide is not to be considered a solely intentional crime, but rather a crime that requires a more complex assessment of the defendant's intentions.

Specifically, intent refers to the intentional element characterizing the subject's behavior, while negligence refers to the lack of diligence or attention, which leads to fatal consequences. This legal approach aligns with Articles 43 and 584 of the Italian Penal Code, which respectively govern criminal liability and penalties for homicide.

Practical Implications of the Judgment

The judgment in question has several practical implications for Italian criminal law:

• Clear definition of the subjective element in the context of preterintentional homicide.
• Possibility of greater contextualization of intent and negligence in judicial cases.
• Reflection on previous jurisprudential decisions, which present different interpretations regarding the subjective element.

It is important to note that the Court rejected previous dissenting maxims, which proposed a more restrictive view of the subjective element. This change in direction could influence future decisions, prompting judges to consider the context and the defendant's intentions in a more nuanced way.

Conclusions

In conclusion, judgment No. 49667 of 2023 represents a significant step in understanding preterintentional homicide and its legal implications. The recognition of intent mixed with negligence offers a more complete perspective, necessary to adequately address the complexities of homicide cases. It is essential that legal operators and professionals in the legal sector consider these new guidelines in their daily practice, to ensure justice that takes into account the reality of human intentions and the consequences of actions.