Homicide and Stalking: Analysis of Judgment No. 39688 of 2023

The recent judgment No. 39688 of June 28, 2023, issued by the Court of Cassation, addresses crucial issues concerning offenses against persons, particularly regarding the absorption of the crime of homicide by stalking offenses. This topic proves to be of great relevance for both legal practice and the understanding of the Italian criminal justice system.

The Role of Article 84 of the Criminal Code

The judgment establishes that, pursuant to Article 84, paragraph one, of the Criminal Code, the crime of homicide, committed by an perpetrator who has already committed stalking offenses against the same victim, can absorb the offense under Article 612-bis of the Criminal Code. However, this assimilation is subject to the indictment of the aggravating circumstance referred to in Article 576, paragraph one, no. 5.1, of the Criminal Code.

Homicide committed by the perpetrator of stalking offenses against the same victim - Relationship with the offense under Article 612-bis of the Criminal Code - Circumstanced complex crime - Conditions - Indictment of the circumstance under Article 576, paragraph 1, no. 5.1 of the Criminal Code and aggravation of the penalty - Necessity - Reasons - Factual circumstances. In the context of offenses against persons, the crime of homicide committed by someone who has perpetrated stalking offenses against the same victim absorbs, pursuant to Article 84, paragraph one, of the Criminal Code, the offense under Article 612-bis of the Criminal Code only if, in relation to the more serious offense, the aggravating circumstance under Article 576, paragraph one, no. 5.1, of the Criminal Code has been indicted, and there has been, by reason thereof, an actual increase in the penalty; otherwise, the duplication of sanctions that the discipline of complex crimes intends to avoid does not occur. (Factual circumstances in which the application of Article 84 of the Criminal Code was excluded in relation to a defendant who invoked the absorption of the offense under Article 612-bis of the Criminal Code into that of attempted simple homicide, already subject to a prior irrevocable conviction).

Legal and Jurisprudential Implications

The decision of the Court of Cassation not only clarifies the applicable legal principles but also offers food for thought on the dynamics of Italian criminal law. The implications of this judgment can be summarized in the following points:

• Clear definition of the relationships between complex crimes and aggravating circumstances.
• Necessity of adequate indictment to avoid duplication of penalties.
• Reflections on the actual applicability of absorption in cases of domestic violence or stalking.

Conclusions

In conclusion, judgment No. 39688 of 2023 represents a significant step forward in understanding the relationships between homicide and stalking offenses. It underscores the importance of indicting aggravating circumstances to ensure that penalties are commensurate with the gravity of the crimes. This case is a clear example of how jurisprudence can influence legal practice and the protection of victims in situations of violence.