Judgment No. 26015 of 2023: Differences Between Culpable Homicide with Consent and Incitement to Suicide

Judgment No. 26015 of February 2, 2023, by the Court of Cassation, offers an important reflection on crimes against persons, particularly on the delicate issue of culpable homicide with consent and incitement to or aiding suicide. These two offenses, while sharing the tragic conclusion of an individual's life, present substantial differences that warrant analysis.

Legal Context

The judgment, issued by the Court of Assizes of Appeal of Cagliari, emphasizes how the offense of culpable homicide with consent is clearly distinguished from that of incitement to or aiding suicide. Specifically, it highlights that in culpable homicide with consent, the perpetrator of the death materially substitutes the aspiring suicide, significantly influencing the formation of consent. Conversely, in cases of incitement to or aiding suicide, the victim's will is expressed freely, and the other party's action serves solely to facilitate the suicide.

Offense of Incitement to or Aiding Suicide - Difference - Conditions. In matters of crimes against persons, the offense of culpable homicide with consent differs from that of incitement to or aiding suicide because, in the former, the perpetrator of the death materially substitutes the aspiring suicide, also impacting the determination of their consent, whereas, in the latter, the victim's will and intention are formed freely, and the external act of assistance merely facilitates the realization of the suicide.

Legal and Moral Implications

The differences between these two offenses have significant legal and moral consequences. Culpable homicide with consent, being a direct action that alters an individual's free will, is punished more severely than incitement to suicide. In fact, the Italian Penal Code provides for different penalties for the two offenses, as established by Articles 579 and 580. Below are some key points:

• Consent in the conduct of culpable homicide with consent is actively influenced by the perpetrator.
• In incitement to suicide, the person wishing to die makes an autonomous choice.
• Legal consequences differ based on the victim's will and intention.

Conclusions

Judgment No. 26015 of 2023 represents an important piece in the complex mosaic of Italian jurisprudence concerning crimes against life and individual safety. Understanding the differences between culpable homicide with consent and incitement to or aiding suicide is fundamental not only for legal professionals but also for society as a whole, as it raises ethical and moral questions that go far beyond the mere legal aspect. Reflection on these issues is crucial to ensure justice that takes into account the complexity of human relationships and individual choices.