Judgment No. 25770 of 2023: Clarifications on the Configuration of the Crime of Mass Killing

Judgment No. 25770 of May 17, 2023, issued by the Court of Cassation, represents a fundamental reference point for understanding the configuration of the crime of mass killing in the context of Italian criminal law. In this article, we will analyze the details of the judgment, paying particular attention to the interpretation of acts aimed at endangering public safety.

The Context of the Judgment

The case originated from a tragic episode in which the defendant, G. F., intentionally drove his moving car towards a group of neighbors, resulting in the death of one and injuring three others. The Court of Appeal of Catania, in its decision, had qualified this conduct as mass killing, but the Court of Cassation annulled the decision, invoking the principle that defines the crime of mass killing.

Material element of the crime - Acts aimed at endangering public safety - Existence - Case type. The crime of mass killing is configured when acts are committed that put public safety at risk and are not limited to harming the lives of specific individuals. (In applying the principle, the Supreme Court annulled with referral the merits decision that had qualified the defendant's conduct as mass killing, in which he had intentionally driven his moving car towards a table where his neighbors were gathered, set up in a cul-de-sac with no exit, causing the death of one and injuring three others).

The Meaning of the Maxim

The maxim contained in the judgment offers an important key to understanding the crime of mass killing. According to the Court, for this crime to be configured, it is not sufficient for a violent act to target specific individuals; it is necessary that the action is directed at endangering public safety in a broader sense. This implies that the defendant's behavior must demonstrate a willingness to harm not only individuals but the entire community.

  • The conduct must be understood as acts aimed at endangering a community.
  • It is necessary to analyze the circumstances of the specific case, evaluating the context and intent of the defendant.
  • The concept of public safety must be considered in its entirety, not limited to situations of immediate and direct danger.

Conclusions

Judgment No. 25770 of 2023 serves as an important clarification in the jurisprudence related to crimes against public safety. It clarifies that the crime of mass killing cannot be reduced to limited cases of violent acts against individuals but must take into account the risk to the community. This principle is fundamental to ensuring the correct application of the law and to protecting public safety, essential elements in a legal system that aims to safeguard the rights of all citizens.

Bianucci Law Firm