Aggravated Personal Injury: Analysis of Judgment No. 18796 of 2023

Judgment No. 18796 of 2023 represents an important reference point for Italian jurisprudence on aggravated personal injury. By examining the dynamics of this decision, we can better understand how the law treats aggravating and mitigating circumstances in the context of offenses that harm personal integrity.

The Case and the Judgment

The Court of Cassation, with its ruling, clarified that in matters of aggravated personal injury, as provided for by Article 585, paragraph one, of the criminal code, the less severe penalty treatment provided for by Article 52, paragraph 2, letter b), of Legislative Decree August 28, 2000, No. 274, does not apply. This principle is fundamental, as it establishes that even if the aggravating circumstances have been neutralized by mitigating circumstances, the crime of aggravated personal injury falls outside the jurisdiction of the Justice of the Peace and, therefore, cannot benefit from a more favorable penalty treatment.

Aggravated personal injury - Recognition of mitigating circumstances - Judgment of equivalence between heterogeneous circumstances - Applicability of penalties provided for offenses within the jurisdiction of the Justice of the Peace - Exclusion - Reasons. In matters of personal injury, aggravated pursuant to Article 585, paragraph one, of the criminal code, the less severe penalty treatment provided for by Article 52, paragraph 2, letter b), of Legislative Decree August 28, 2000, No. 274, does not apply in the cases referred to in Article 585, paragraph one, of the criminal code, not even when the aggravating circumstances have been neutralized as a result of the recognition of mitigating circumstances, as it is a felony that falls outside the jurisdiction of the Justice of the Peace.

Legal Implications of the Judgment

This judgment offers food for thought on several legal aspects. Firstly, it clearly establishes the impossibility of applying a less severe penalty treatment in the presence of aggravated personal injury. This is a crucial point, as mitigating circumstances cannot nullify aggravating circumstances in these specific cases.

• Clarity on the jurisdiction of the Justice of the Peace.
• Definition of aggravating and mitigating circumstances.
• Impact on future legal decisions concerning personal injury.

Conclusions

In conclusion, judgment No. 18796 of 2023 represents an important affirmation by the Court of Cassation regarding aggravated personal injury. It clarifies that the neutralization of aggravating circumstances does not allow for the application of more favorable penalties, reiterating the seriousness of such offenses. This decision not only provides important guidance for legal professionals but also contributes to ensuring greater protection for victims of personal injury.