Judgment no. 2030 of 2024: Causation in Omission Crimes

Judgment no. 2030 of November 21, 2024, issued by the Court of Assizes of Appeal of Genoa, offers an important reflection on omission crimes and the delicate issue of causation. The ruling focuses on the judicial assessment necessary to establish whether an omitted conduct could have prevented a harmful event, highlighting the relevance of the principle of "beyond a reasonable doubt" in the context of such evaluations.

Context of the Judgment

The case in question involves the defendant R. R., accused of omission crimes. The Court, in its examination, had to address the crucial issue of causation, i.e., the link between the omitted conduct and the harmful event. In particular, it analyzed how judicial assessment should be structured to meet the certainty requirements of criminal law.

Reference Maxim

Omission - Judicial Assessment - Formulation Method - Indication. Regarding causation in omission crimes, judicial assessment, structured according to the phases of the so-called explanatory judgment, functional to the ascertainment, on a naturalistic level, of what happened, as well as the counterfactual judgment, aimed at establishing whether the omitted duty of care could have prevented the event, must always be guided by the standard of "beyond a reasonable doubt".

This maxim highlights that, in the case of omission crimes, it is essential to follow an assessment process based on concrete evidence and a detailed analysis of the circumstances. The assessment must not only include a reconstruction of events but also evaluate whether the action that was not taken could have actually prevented the occurrence of the harmful event.

Implications of the Judgment

• Need for solid evidence: The Court emphasizes that the burden of proof lies with the prosecution, which must clearly and convincingly demonstrate the causal link.
• The principle of beyond a reasonable doubt: This is fundamental in every criminal proceeding and becomes even more crucial in cases of omission.
• Counterfactual judgment: This must be conducted with care, considering all variables and possible consequences of omitted actions.

In summary, judgment no. 2030 of 2024 highlights the importance of rigorous and methodological assessment in cases of omission crimes. Clarity in the formulation of duties of care and critical analysis of their consequences are key elements to ensure a fair trial and the correct application of justice.

Conclusions

The Court of Assizes of Appeal of Genoa, with its judgment, has made a significant contribution to case law on omission crimes, establishing a clear orientation regarding causation. The implications of this judgment are relevant not only for legal professionals but also for civil society, as they underscore the importance of individual responsibility and the need for rigorous assessment in criminal proceedings.