Judgment No. 16054 of 2023: Jealousy and Homicide, When the Aggravating Factor Applies
The judgment no. 16054 of March 10, 2023, filed on April 14 of the same year, provides a clear and in-depth view on the configuration of the aggravating factor for homicide committed out of jealousy. The case in question, relating to G. M., raised important questions regarding the boundary between human emotion and crime, and how Italian jurisprudence responds to these dynamics.
The Legal Context of the Aggravating Factor
According to Article 61, paragraph 1, letter 1 of the Criminal Code, the aggravating factor for base or trivial motives is applicable when there is an evident disproportion between the motive and the crime committed. In the judgment in question, the Court clarified that jealousy can take on characteristics that integrate this aggravating factor, provided it manifests as a morbid and unjustified feeling of possession and superiority.
- Base motives: refer to motivations that denote a lack of moral dignity.
- Trivial motives: indicate a motive of little relevance compared to the seriousness of the crime.
- Morbid jealousy: a form of excessive and pathological jealousy, which can lead to violent behaviors.
Analysis of the Maxim
Applicability of the aggravating factor to homicide caused by jealousy - Conditions. In the context of homicide, the aggravating factor of base or trivial motives is configurably characterized by the disproportion between motive and crime, when jealousy takes on morbid characteristics and unjustified expressions of superiority and possession.
The maxim of this judgment underscores the importance of analyzing the psychological and social context in which the crime develops. Jealousy, when it leads to an act of violence, is not merely an emotional impulse but can become an element that justifies a harsher penalty. This prompts us to reflect on how Italian law addresses the complex relationship between human emotions and criminal responsibility.
Conclusions
Judgment no. 16054 of 2023 represents a significant step in Italian jurisprudence regarding the configuration of the aggravating factor for base or trivial motives, especially in relation to jealousy. It highlights how emotions, if unchecked, can lead to extreme behaviors and justify a harsher penalty. It is essential that legal practitioners and society in general understand the implications of such behaviors to prevent tragedies arising from problematic relational dynamics.
