The Sezioni Unite, to dissolve the jurisprudential conflict on the subject, have enunciated the principle of law according to which the crime of stalking cannot be contested where the specific aggravating circumstance of persecutory acts has already been applied in the event of murder.
While waiting to read the reasons, provisional information no. 13 released on 15 July 2021 reports that the principle of law has been enunciated according to which the case of the crime of homicide, carried out following that of persecutory acts by the agent against the same victim, contested and held in the form of the aggravated crime pursuant to art. 575 and 576, first paragraph, n. 5.1, of the Italian Criminal Code, punished with the legal penalty of life imprisonment, constitutes a complex crime, pursuant to art. 84, first paragraph, of the Italian Criminal Code, due to the unity of the fact.
The intervention of the Sezioni Unite was necessary as a result of the jurisprudential conflict that arose within the Sezioni Semplici.
According to a first orientation, the crime of stalking was not absorbed in that of homicide aggravated by persecutory acts as there was no speciality relationship between such types of crime (Cass. Section I, sentence no. 20786/2019).
A second orientation, on the other hand, had affirmed the principle according to which, as there was an apparent concurrence of rules, the crime of homicide aggravated by persecutory acts fully absorbed the negative value inherent in the stalking conduct (Cass. Section III, sentence no. 30931/2020).
Well, the Sezioni unite have intended to adhere to this last guideline.
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