The conspiracy to murder represents one of the most complex issues in Italian criminal law. It is a crime involving multiple people in the commission of a murder, and it can occur in two main forms: preterintentional and intentional.
Preterintentional murder occurs when the initial intention was not to kill, but to injure or assault, and the action inadvertently led to the victim's death. In this context, conspiracy occurs when multiple individuals collaborate, even if only with an accessory conduct, to the realization of the lethal event.
For example, if during a fight among several people, one of the participants strikes the victim who then dies, all participants could be held liable for conspiracy to preterintentional murder.
Intentional murder, on the other hand, implies the will to cause the death of a person. Here, conspiracy occurs when two or more individuals act with the common intention to kill. Each participant may have a different role, but all share the blame for the final result.
The Italian Penal Code, in Article 110, regulates the conspiracy of individuals in the crime, specifying that each conspirator is responsible for the crime committed, even if their contribution was marginal compared to the main action. Article 116, on the other hand, addresses anomalous conspiracy, where the crime committed is different from what was intended by the participants.
These rules emphasize the importance of carefully evaluating the role of each individual, considering both actions and intentions, in order to determine criminal liability.
Understanding the legal nuances of conspiracy to murder is essential for anyone involved or interested in such cases. If you need further information or personalized advice, we invite you to contact Studio Legale Bianucci. Our team of experts is at your disposal to provide tailored legal support and assistance.