Judgment No. 30608 of 2024 and putative self-defence: clarifications and implications

Putative self-defence is a topic of great relevance in criminal law, especially in conflict situations where an individual believes they are in danger. Judgment No. 30608 of 2024, issued by the Court of Cassation, offers significant insights for understanding the conditions that must exist for an error in judgment by the perpetrator to be considered excusable. In this article, we will examine the key points of this ruling, analysing its legal and practical implications.

Conditions for putative self-defence

According to the judgment, the excusable error that leads to the recognition of putative self-defence must be supported by a concrete and objective situation. This means that, even if the perpetrator misinterpreted reality, there must be a valid reason for their belief that they were under threat. In other words, a mere error of judgment is not enough: a justification that makes the perception of danger plausible is necessary.

Putative self-defence - Conditions for its establishment. In terms of putative self-defence, the excusable error that can lead to the recognition of the justification must find adequate justification in a concrete and objective situation which, even if misrepresented or misunderstood, led the perpetrator to believe they were exposed to the imminent danger of an unjust offence.

This maxim highlights the importance of an objective assessment of the situation. If a person acts in defence of themselves or others, but the context does not justify such a reaction, they may incur criminal liability, despite their good intentions.

Legal and jurisprudential implications

Jurisprudence has already dealt with similar cases in the past, as highlighted by previous maxims, which confirm the need for objective justification for excusable error. For example, judgments No. 4337 of 2006 and No. 3464 of 2010 have further clarified the rules established by Articles 52 and 59 of the Criminal Code, which govern grounds for justification and errors of fact. It is therefore essential for legal professionals to consider the facts of the case and the subjective perceptions of individuals involved in defence situations.

• Art. 52 of the Criminal Code: Recognises the right to self-defence.
• Art. 59 of the Criminal Code: Regulates errors of fact and their consequences.
• Relevant jurisprudential references: Judgments No. 3148 of 2014 and No. 24084 of 2018.

Conclusions

Judgment No. 30608 of 2024 represents an important step in understanding putative self-defence within the context of Italian criminal law. It clarifies that the assessment of excusable error must be anchored to concrete and objective elements, avoiding purely subjective interpretations. This approach not only offers greater protection to individuals acting in good faith but also promotes a fairer and more rational jurisprudence, capable of taking into account the complexities of human interactions in dangerous situations.