Judgment No. 26309 of 2023: Provocation and Putative Grounds in Offenses Against Honor

The recent judgment of the Court of Cassation No. 26309 of March 23, 2023, has sparked widespread debate among criminal law experts. In particular, the Court ruled on the issue of provocation in relation to offenses against honor, establishing that the ground for non-punishability of provocation can also be recognized in cases of putative grounds. This principle, referred to by Article 599 of the Criminal Code, offers new insights for jurisprudence and legal practice.

Provocation in Offenses Against Honor

Provocation, according to Article 599 of the Criminal Code, is a ground for non-punishability for offenses against honor, such as defamation. The Court clarified that this ground can also be applied in situations where the defendant believes they are being provoked, even if such provocation has not actually occurred. This aspect of 'putative grounds' is of fundamental importance, as it broadens the scope of defense for defendants in cases of interpersonal conflicts.

Application in cases of putative grounds - Possibility. Regarding offenses against honor, the ground for non-punishability of provocation, pursuant to art. 599 of the Criminal Code, can also be recognized on a putative basis, pursuant to art. 59, fourth paragraph, of the Criminal Code, unlike the mitigating circumstance of provocation provided for by art. 62, no. 2, of the Criminal Code, which is relevant, instead, only objectively.

Implications of the Judgment

The implications of this judgment are significant. Firstly, it recognizes a form of protection for the defendant, who can invoke provocation as a ground for non-punishability even in subjective situations. However, it is essential to note that this application is limited to non-punishability and not to the establishment of a mitigating circumstance. In fact, while provocation as a ground for non-punishability can be assessed in putative terms, the mitigating circumstance of provocation requires an objective and not subjective assessment.

• Provocation can be considered even if it did not actually occur.
• The recognition of putative grounds offers greater protection to individuals accused of offenses against honor.
• The distinction between non-punishability and a mitigating circumstance must be clearly understood to avoid misunderstandings during proceedings.

Conclusions

In conclusion, judgment No. 26309 of 2023 represents a step forward in the understanding of provocation in offenses against honor. It highlights the importance of considering the defendant's subjectivity and their perceptions in conflict situations. However, the distinction between the various forms of provocation and their legal consequences remains crucial to ensure fair and balanced justice. It is essential for lawyers and legal professionals to be aware of these nuances to provide adequate and informed defense.