Jealousy of girlfriend aggravates the crime of injuring alleged contender in love with a baseball bat
Jealousy makes the crime of injury more serious
Betrayal is not a mild stimulus compared to the crime of injury
Disproportionate to send the alleged contender in love to the hospital
Jealousy makes the crime of injury more serious
Futile reason that aggravates the crime of injury, the jealousy of the accused for his girlfriend, especially if after hearing the news, you take a baseball bat and hit the contender to the point that surgery and cast are required. These are the conclusions of the Supreme Court, which in following an already consolidated direction, in the sentence n. 37870/2021 (attached below) judges the reaction of the accused to be completely disproportionate to the morbid jealousy shown towards his fiancée.
The procedural affair
The judge of the appeal reforms the sentence of first instance with which the accused was convicted of the crime of injuries aggravated by futile reasons, thus restating the sentence
Betrayal is not a mild stimulus compared to the crime of injury
However, the accused appeals to the Supreme Court, raising the following grievances by means of a defender.
- With the first reason he disputes the aggravating circumstance of the futile reasons for lack of motivation as it was ascertained in court that having learned the news of the alleged betrayal of the fiancée is not a “stimulus, mild, banal and disproportionate to the seriousness of the crime “, a requirement of disproportion which is not relevant to said aggravating circumstance.
- With the second, on the other hand, he believes that the Court did not adequately justify the reasons for which it excluded the generic extenuating circumstances and the reasons for which it did not consider the mitigation of the compensation for the prevailing over the aggravating circumstance of the futile reasons.
The Prosecutor asks for the appeal to be rejected, while the defender of the accused insists on the acceptance of the first reason for the appeal and asks for the limitation of the crime committed on October 2, 2013, as due only to the suspension of 60 days during the trial , the crime was prescribed on 2 June 2021.
Disproportionate to send the alleged contender in love to the hospital
For the Supreme Court, the appeal of the accused is inadmissible as the question relating to the futile reasons relating to the jealousy that led him to commit the crime was the subject of extensive discussion and discussion in court.
On this point, however, the Supreme Court reiterates that “even jealousy can integrate the aggravating circumstance provided for by art. 61 first paragraph, n. 1, Criminal Code, which justifies a judgment of greater reprehensibility of the action and more accentuated danger of the agent, due to the futility of the motivational drive that led to committing the crime, in relation to a crime of injury (…); in this regard, it was observed that the conduct was completely disproportionate to the criminal drive, identified by the non-acceptance of the end of a sentimental relationship and the instinct to maintain control over the partner. “
Thesis that the Court expressly declares it wants to follow also because the morbid jealousy of the accused towards his girlfriend and the violence exercised on the injured person was valued in the context of the merits.
The second reason is also inadmissible as the failure to grant generic extenuating circumstances was motivated by the gravity of the conduct for the serious injuries to the injured person (who needed, after being hit with a baseball bat, surgery and chalk), as well as the grievance relating to the prevalence of the mitigation of compensation for damage over the aggravating circumstance of futile reasons because it is a merit assessment that cannot be questioned in the legitimacy, unless the motivation is entirely absent, illogical or merely arbitrary.
All defects that do not exist in the present case. The decision is based on the futile reasons that prompted the accused to commit the crime and on the fact that he used an improper weapon for this purpose.
