Commentary on Judgment No. 37855 of 2024: Liability in the Participation of Persons for Homicide
Judgment No. 37855 of June 14, 2024, filed on October 15, 2024, represents an important step in clarifying the dynamics of criminal liability in the case of participation in the crime of homicide. In this case, the Court of Cassation reiterated that liability for homicide does not necessarily require the identification of the material author of the typical conduct, provided that the material and moral participation of the accomplices is demonstrated.
The Principle of Participation
The maxim that emerges from the judgment is clear:
Homicide - Proven material and moral participation in the commission of the crime - Identification of the material author of the typical conduct - Necessity - Exclusion - Case. The assertion of liability by way of participation in the crime of homicide does not require the identification of the material author of the typical conduct, as long as the material and moral participation of the accomplices in the commission of the crime is proven. (Case concerning homicide resulting from a home robbery, in which, although it was not established which segment of conduct could be attributed to each of the defendants, the Court confirmed the conviction that had valued the common planning of the robbery, the anticipation and acceptance of the elderly victim's death, the absence of disputes among the accomplices after the crime, and the common contact with the victim).
This principle is fundamental in the context of Italian criminal law, particularly regarding Article 110 of the Penal Code, which regulates the participation of persons in the crime. The Court held that, even in the absence of direct evidence as to which specific act was committed by each defendant, liability can be asserted based on a common planning of the crime and the acceptance of the lethal consequences of their actions.
Analysis of the Case
In the examined case, it involved a homicide that occurred during a home robbery. The Court considered various elements:
- The common planning of the robbery;
- The anticipation and acceptance of the victim's death;
- The absence of disputes among the co-defendants after the crime;
- The direct contact with the victim.
These aspects contributed to confirming the responsibility of all those involved, highlighting how moral and material participation is a crucial factor for asserting guilt in the participation of persons.
Conclusions
Judgment No. 37855 of 2024 represents an important confirmation of the jurisprudence regarding the participation of persons in the crime of homicide. It clarifies that criminal liability can be affirmed even in the absence of a clearly identified material author, as long as there is sufficient evidence to demonstrate the participation and cooperation among the co-defendants. This approach strengthens the ability to effectively prosecute complex crimes, where collaboration among multiple subjects plays a decisive role in the commission of the crime.
