Incitement to Murder in the Criminal Code

Incitement to murder is an extremely serious crime that is treated with the utmost attention in the Italian Criminal Code. This offense not only threatens the lives of innocent individuals but also undermines safety and public order. In this article, we will explore what Italian law provides regarding this matter and analyze the interpretations of the Supreme Court to better understand the legal consequences of such actions.

What is meant by incitement to murder?

Incitement to murder occurs when a person incites or convinces someone else to commit murder. This crime is regulated by Article 115 of the Criminal Code, which establishes penalties for anyone who encourages another person to commit a crime, including murder.

"Anyone who incites the commission of a crime shall be punished with the penalty provided for the incited crime, reduced by one third to half."

The penalties provided by law

The penalties for incitement to murder can vary depending on the specific circumstances of the case, such as the seriousness of the incitement and the actual execution of the crime. If the incitement does not lead to murder, the penalties are still severe, reflecting the dangerous intent of the inciter.

• Incitement not followed by a crime: Reduced penalty compared to committed murder, but still significant.
• Incitement with execution: The inciter may be punished with penalties close to those of murder itself.

The role of the Supreme Court

The Supreme Court has the task of interpreting and applying criminal laws in Italy, providing important guidelines on how lower courts should handle cases of incitement to murder. The rulings of the Supreme Court often clarify complex aspects of the crime, such as the distinction between incitement and mere advice or suggestion.

According to the Supreme Court, to constitute incitement to murder, it is necessary to prove the intent to actively push another person to commit murder. A simple discussion or vague suggestion is not sufficient; there must be a concrete and direct incitement.

Aggravating and mitigating factors

In determining the penalty, various factors may come into play that aggravate or mitigate the responsibility of the inciter. Among the aggravating factors are:

• Premeditation: If the incitement is the result of a premeditated plan.
• Involvement of minors: If the incitement involves or influences minors.

On the other hand, mitigating factors may include:

• Remorse: If the inciter shows signs of remorse and cooperates with the authorities.
• Psychological pressure: If the incitement occurred under coercion or threat.

Conclusions and legal assistance

Incitement to murder is a complex crime that requires a thorough understanding of the laws and legal interpretations. If you find yourself involved in such a situation, it is essential to seek qualified legal assistance. The Bianucci Law Firm, with the experience and expertise of its team of specialists, is available to provide you with the necessary support. Do not hesitate to contact us for personalized advice and to defend your rights.