Judgment No. 26015 of 2023: Differences between Consent Killing and Incitement to Suicide

The judgment No. 26015 of February 2, 2023, from the Court of Cassation offers an important reflection on crimes against the person, particularly on the sensitive topic of consent killing and incitement or assistance to suicide. These two crimes, while sharing the tragic conclusion of an individual's life, present substantial differences that deserve to be analyzed.

The Legal Context

The judgment, issued by the Court of Assizes of Appeal in Cagliari, emphasizes how the crime of consent killing is distinctly different from that of incitement or facilitation of suicide. In particular, it highlights that in consent killing, the person causing death materially replaces the aspiring suicide, significantly influencing the formation of consent. Conversely, in the case of incitement or assistance to suicide, the victim's will is expressed freely, and the other person's action solely serves as support for the suicide.

Crime of incitement or assistance to suicide - Difference - Conditions. In the context of crimes against the person, the crime of consent killing differs from that of incitement or facilitation of suicide in that, in the former, the person causing death materially replaces the aspiring suicide, affecting the determination of the related consent, while, in the latter, the will and intention of the victim are freely formed, and the external assistance merely facilitates the realization of the suicide.

Legal and Moral Implications

The differences between these two crimes have significant legal and moral consequences. Consent killing, being a direct action that alters the individual's free will, is punished more severely than incitement to suicide. Indeed, the Italian Penal Code provides different penalties for the two crimes, as established by Articles 579 and 580. Below are some key points:

  • The consent in the act of consent killing is actively influenced by the agent.
  • In incitement to suicide, the person wishing to die makes an autonomous choice.
  • Legal consequences differ based on the will and intention of the victim.

Conclusions

Judgment No. 26015 of 2023 represents an important piece in the complex mosaic of Italian jurisprudence concerning crimes against life and individual safety. Understanding the differences between consent killing and incitement or assistance to suicide is fundamental not only for legal practitioners but also for society as a whole, as it raises ethical and moral questions that go far beyond the mere legal aspect. Reflecting on such issues is crucial to ensuring justice that takes into account the complexity of human relationships and individual choices.

Bianucci Law Firm