Sudden Intent and Eventual Intent: Analysis of Judgment No. 26316 of 2023

Judgment No. 26316 of April 18, 2023, represents an important benchmark for Italian jurisprudence, particularly concerning the subjective element of a crime. This case, which involved the defendant V. L., focused on the compatibility between sudden intent (dolo d'impeto) and eventual intent (dolo eventuale), two concepts that often cause confusion in criminal law.

Context of the Judgment

In the case examined by the Court of Cassation, the matter concerned a homicide committed by spraying denatured alcohol while the victim was cooking. The Court established that there is no incompatibility between impulsive action and the element of foresight typical of eventual intent. This means that an individual can act under the influence of emotion while simultaneously retaining the capacity to foresee the consequences of their actions.

Eventual Intent - Sudden Intent - Compatibility - Factual Circumstances. Regarding the subjective element of a crime, there is no incompatibility between sudden intent and eventual intent, as acting under the emotional impulse of the moment does not exclude the mental clarity and cognitive faculties that allow one to foresee and accept the risk of the event occurring as a consequence of one's action. (Factual circumstances in a homicide case, committed by spraying denatured alcohol at the victim's torso while they were cooking).

Legal Implications

The judgment under review is based on key legislative references, such as Article 43 of the Penal Code, which outlines the subjective element of a crime, and Article 575, concerning homicide. The Court reiterated how emotional impulse can coexist with the clarity necessary to accept the risk of a lethal event. This aspect is fundamental for defining criminal liability, as it clarifies that not every impulsive act excludes the capacity to understand and will, but requires a thorough analysis of the circumstances.

• Compatibility between sudden intent and eventual intent
• Importance of mental clarity even under emotional conditions
• Main legislative references

Conclusions

Judgment No. 26316 of 2023 offers an important reflection on the dynamics of intent in criminal law. It clarifies how, even in situations of strong emotion, the foresight of the consequences of one's actions can exist, leading to clear and defined criminal liability. This principle not only enriches Italian jurisprudence but also provides useful tools for lawyers and legal professionals in evaluating complex cases related to homicide and other serious offenses.