Jealousy and Justification for Mitigating Circumstances: Commentary on Judgment No. 36364 of 2023

Judgment No. 36364 of July 7, 2023, filed on August 31, 2023, has generated significant interest in the field of criminal law, particularly regarding the interpretation of mitigating circumstances. In this case, the Court addressed the question of whether a state of jealousy can or cannot justify the granting of general mitigating circumstances. The Court's decision is based on an in-depth analysis of the nature of jealousy and its legal implications.

The Legal Meaning of Jealousy

The Court of Cassation has established that jealousy, understood as a morbid feeling of possession and control, cannot justify the granting of general mitigating circumstances. This is particularly significant in a legal context where emotions can seriously influence individuals' actions. The Court clarified that jealousy can even constitute an aggravating circumstance, as it can lead to behaviors motivated by trivial or base reasons, in violation of Article 61, paragraph 1, of the criminal code.

State of jealousy - General mitigating circumstances - Exclusion. Regarding mitigating circumstances, jealousy cannot justify the granting of general mitigating circumstances, as per Article 62-bis of the criminal code, nor the mitigating circumstance of having reacted in a state of anger caused by another's wrongful act, as per Article 62, no. 2, of the criminal code. (In its reasoning, the Court specified that jealousy, as a morbid feeling expressing supremacy and possession that manifests through the annihilation of the victim, can establish the aggravating circumstance of having acted for trivial or base motives, as per Article 61, no. 1, of the criminal code).

Practical Implications of the Judgment

This judgment represents an important reference point for legal professionals. Indeed, it clarifies that jealousy, when it leads to violent behavior, not only cannot be considered a mitigating factor but can actually lead to greater severity in sentencing. The practical implications of this decision are manifold:

• More rigorous definition of mitigating circumstances.
• Need for careful evaluation of the motivations underlying a crime.
• Possibility of increased penalties in cases of behavior motivated by jealousy.

Conclusions

In conclusion, judgment No. 36364 of 2023 offers an important reflection on the role of emotions in criminal law. Jealousy, while it may be understandable on a human level, must never justify violent or illegal behavior. This decision by the Court of Cassation represents a step forward in defining a legal framework that clearly distinguishes between emotions and criminal responsibility, emphasizing the importance of a rational and legal approach in situations that can easily escalate into violence.