Analysis of Judgment No. 47339 of 2024: Alternative Intent and Attempt in Criminal Law

Judgment No. 47339 of September 24, 2024, represents an important intervention by the Court of Cassation on the subject of alternative intent and attempt, clarifying some crucial aspects of Italian criminal law. In this decision, the Court examined a case where the defendant, G. T., was found responsible for attempted murder, highlighting the complexity of dynamics that can arise when dealing with alternative intentions.

What is meant by alternative intent?

Alternative intent occurs when the perpetrator foresees and indifferently accepts, as a consequence of their conduct, two or more events, in this case a main event and a secondary one, considered highly probable. This concept is fundamental to understanding the judgment in question.

• The first event is the violent act desired by the perpetrator.
• The second event, while not the primary objective, is still highly probable and accepted as a consequence of the actions.

The case dealt with in the judgment

In the specific case, G. T. fired a shotgun blast that hit the victim in the shoulder, and then pursued them with a vehicle in an attempt to run them over. The Court held that the action was carried out indifferently to inflict serious harm to the victim's physical integrity or to cause their death. This aspect led the Court to conclude that alternative intent is compatible with attempt, as provided for by Article 43 of the Criminal Code.

Compatibility with alternative intent - Existence - Case. Alternative intent, which occurs when the perpetrator foresees and indifferently wills, as a consequence of their conduct, alongside a first targeted event, also a second event considered highly probable, is compatible with attempt. (Case concerning a perpetrator who fired a shotgun blast that hit the victim in the shoulder, and subsequently pursued them by driving a vehicle in an attempt to run them over, in which the Court held that the action was taken, indifferently, to cause serious harm to the passive subject's physical integrity or to cause their death).

Legal implications of the judgment

This judgment offers an important reflection on the legal implications of alternative intent in relation to attempt. It clarifies that, in the presence of an attempted crime, alternative intent can be considered a form of intention, accepting the risk of a lethal outcome as a possible result of one's actions.

Furthermore, the Court referred to several jurisprudential precedents, emphasizing how the principles established in this judgment are in line with Italian legal tradition and European regulations, thus contributing to greater consistency in the application of the law.

Conclusions

In conclusion, judgment No. 47339 of 2024 represents a significant step in understanding the relationship between alternative intent and attempt in criminal law. It not only clarifies the conditions under which alternative intent can be configured as part of an attempted crime but also invites a broader reflection on criminal responsibility and the consequences of human actions. The analysis of such cases is fundamental to ensuring that justice is administered fairly and accurately.