Why is one person convicted and another acquitted for what looks like the same act? The answer lies in a few core principles of Italian criminal law. Understanding them helps you follow your own case.
Liability is personal
Under Article 27 of the Constitution, criminal liability is personal: you can only be held responsible for your own conduct, not for someone else's. Children under 14 cannot be held criminally liable.
Conduct, result and causation
Many offences require not only an act or omission but also a result, such as an injury, and a causal link between the two (Articles 40 and 41 of the Criminal Code). Failing to prevent a result can count as causing it when you had a legal duty to prevent it.
The mental element: intent and negligence
- Intent (dolo): you foresee and want the result of your conduct.
- Negligence (colpa): you did not want the result, but it happened through carelessness, lack of skill or breach of rules.
As a rule, an offence requires intent; you can be punished for negligence only where the law expressly says so (Article 42), as for negligent injury or road offences.
Defences
Conduct that would otherwise be an offence may be justified, for example by legitimate self-defence (Article 52) when the response is necessary and proportionate to a current danger, or by a state of necessity (Article 54).
Attempts
An attempt is punishable when the acts are suitable and unequivocally directed at committing an offence, even if it is not completed (Article 56). The penalty is lower than for the completed offence.
Why this matters for your defence
Each element must be proven. A strong defence often focuses on whether intent can really be shown, whether the conduct actually caused the result, or whether a justification applies. These are questions to explore with your lawyer early.
This article provides general information and is not legal advice. Every situation is different: for advice on your case, please contact us.