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 regarding alternative intent and attempt, clarifying some crucial aspects of Italian criminal law. In this decision, the Court examined a case in which the defendant, G. T., was responsible for an attempted murder, highlighting the complexity of the dynamics that can arise when it comes to alternative intents.

What is meant by alternative intent?

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

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

The case addressed in the judgment

In the specific case, G. T. fired a gunshot that hit the victim in the shoulder, then pursued her with a vehicle in an attempt to run her over. The Court held that the action was conducted indifferently to inflict a serious injury to the victim's physical integrity or to cause her death. This aspect led the Court to conclude that alternative intent is compatible with attempt, as provided by Article 43 of the Penal Code.

Compatibility with alternative intent - Existence - Case. Alternative intent, which occurs when the acting subject foresees and indifferently wants, as a consequence of their conduct, in addition to a first targeted event, also a second highly probable event, is compatible with attempt. (Case concerning an agent who fired a gunshot hitting the victim in the shoulder, and subsequently pursued her driving a vehicle trying to run her over, in which the Court held that the action was maintained, indifferently, to cause a serious injury to the physical integrity of the passive subject or to bring about her death).

Legal implications of the judgment

This judgment offers an important reflection on the legal implications of alternative intent concerning 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 referenced several judicial precedents, emphasizing how the principles established in this judgment align 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 broader reflection on criminal responsibility and the consequences of human actions. The analysis of such cases is essential to ensure that justice is administered fairly and accurately.

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