Commentary on Judgment No. 37855 of 2024: Liability in Joint Commission of Homicide

Judgment No. 37855 of June 14, 2024, filed on October 15, 2024, represents an important step in clarifying the dynamics of criminal liability in cases of joint commission of homicide. In this specific case, the Court of Cassation reiterated that liability for homicide does not necessarily require the identification of the perpetrator of the typical conduct, provided that the material and moral participation of the co-offenders is proven.

The Principle of Joint Commission

The maxim emerging from the judgment is clear:

Homicide - Proven material and moral participation in the commission of the crime - Identification of the perpetrator of the typical conduct - Necessity - Exclusion - Case law. Establishing liability for joint commission of homicide does not require the identification of the perpetrator of the typical conduct, provided that the material and moral participation of the co-offenders in the commission of the crime is proven. (Case concerning a homicide resulting from a home invasion robbery, in which, although it was not ascertained which segment of conduct was attributable to each of the defendants, the Court confirmed the conviction which had emphasized the common planning of the robbery, the foresight and acceptance of the death of the elderly victim, the absence of disputes among the co-offenders after the crime, and the common contact with the victim).

This principle is fundamental in the context of Italian criminal law, particularly concerning Article 110 of the Criminal Code, which governs joint commission of offenses. The Court held that, even in the absence of direct evidence as to which specific act was committed by each defendant, liability can be established based on common planning of the offense and the acceptance of the lethal consequences of their actions.

Analysis of the Case

The case examined involved a homicide that occurred during a home invasion robbery. The Court considered various elements:

• The common planning of the robbery;
• The foresight and acceptance of the victim's death;
• The absence of disputes among the co-defendants after the crime;
• Direct contact with the victim.

These aspects contributed to confirming the liability of all involved, highlighting how moral and material participation is a crucial factor for establishing guilt in joint commission of offenses.

Conclusions

Judgment No. 37855 of 2024 represents an important confirmation of case law regarding joint commission of homicide. It clarifies that criminal liability can be established even in the absence of a clearly identified perpetrator, provided there is sufficient evidence to demonstrate the participation and cooperation among the co-defendants. This approach strengthens the ability to effectively prosecute complex crimes where collaboration among multiple individuals plays a decisive role in the commission of the offense.