Judgment No. 16054 of 2023: Jealousy and Homicide, When the Aggravating Circumstance Applies

Judgment No. 16054 of March 10, 2023, filed on April 14 of the same year, offers a clear and in-depth view on the configuration of the aggravating circumstance for homicide caused by motives of jealousy. The case under examination, concerning G. M., raised important questions regarding the boundary between human emotion and crime, and how Italian jurisprudence responds to these dynamics.

The Legal Context of the Aggravating Circumstance

According to Article 61, paragraph 1, letter 1 of the Criminal Code, the aggravating circumstance for base or futile motives is applicable when there is a clear disproportion between the motive and the committed crime. In the judgment in question, the Court clarified that jealousy can assume characteristics such as to constitute this aggravating circumstance, provided that it manifests as a morbid and unjustified feeling of possession and supremacy.

• Base motives: refer to motivations that denote a low moral dignity.
• Futile motives: indicate a motive of little relevance compared to the gravity of the crime.
• Morbid jealousy: a form of excessive and pathological jealousy, which can lead to violent behavior.

Analysis of the Maxim

Applicability of the Aggravating Circumstance to Homicide Caused by Motives of Jealousy - Conditions. In matters of homicide, the aggravating circumstance of base or futile motives, characterized by the disproportion between motive and crime, is applicable in cases where jealousy assumes morbid characteristics and an unjustified expression of supremacy and possession.

The maxim of this judgment emphasizes the importance of analyzing the psychological and social context in which the crime develops. Jealousy, when it leads to an act of violence, is not merely an emotional impulse but can become an element that justifies an increased penalty. This leads us to reflect on how Italian law addresses the complex relationship between human emotions and criminal responsibility.

Conclusions

Judgment No. 16054 of 2023 represents a significant step in Italian jurisprudence regarding the configuration of the aggravating circumstance for base or futile motives, especially in relation to jealousy. It highlights how emotions, if uncontrolled, can lead to extreme behaviors and justify an increased penalty. It is crucial for legal professionals and society in general to understand the implications of such behaviors, in order to prevent tragedies arising from problematic relational dynamics.