Analysis of Judgment No. 45290 of 2024: Ascertaining Trivial Motives in Criminal Law

The recent judgment No. 45290 of October 1, 2024, issued by the Court of Cassation, offers an important opportunity for reflection on the ascertainment of trivial motives in the context of Italian criminal law. The decision reiterated the need to apply a two-phase method to assess the existence of this aggravating circumstance, leading to greater clarity in jurisprudence.

The Two-Phase Method for Ascertaining Trivial Motives

According to the Court, the ascertainment of the aggravating circumstance of trivial motives must be carried out following an approach that involves two distinct phases: the verification of the objective element and that of the subjective element.

• Objective Element: consists of evaluating the disproportion between the committed crime and the motive that caused it.
• Subjective Element: concerns the possibility of considering this disproportion as the result of an entirely unjustified inner impulse.

This dual verification allows for a more precise framing of the crime's context, emphasizing the need for a thorough analysis of the motivations that drive an individual to commit illicit acts.

Meaning of the Maxim

The ascertainment of the aggravating circumstance of trivial motives must be carried out with a two-phase method, requiring the dual verification of the objective element, consisting of the disproportion between the crime concretely committed and the motive that determined it, and of the subjective element, consisting of the possibility of characterizing said disproportion as an expression of an absolutely unjustified inner impulse, such as to configure the external stimulus as a mere pretext for the outburst of a criminal impulse.

This maxim underscores the importance of not limiting oneself to a mere formal verification, but of delving into the psychological motivations of the perpetrator. The Court, in fact, highlights how the adduced motive can often be just a pretext to justify violent or antisocial behavior, a fundamental aspect for a just application of the penalty.

Conclusions

Judgment No. 45290 of 2024 represents a step forward in defining the concept of trivial motives in criminal law, promoting a more articulated and nuanced view of criminal responsibility. Thanks to this decision, legal professionals can rely on a more robust interpretative tool, which allows them to address crimes with greater attention to the circumstances that determined them. It is essential that jurisprudence continues to evolve in this direction, to ensure a fairer and more aware justice.