Criminis causa homicide

Abstract

"Carrara (#1190) said that before the one who kills to steal, no life can be considered safe.

Are you answered for both or one offence?

But is he answered only for this aggravated homicide or also for the concurrent crime? From a rational point of view, this doubt cannot even be proposed. If, in the first hypothesis, it is possible that after the murder committed as an end he will come. crime proposed by the offender; and if it is possible that this is a crime already consummated, already frustrated or tempted; if it is possible that after the murder the idea of committing another crime will be renounced; and if, in the second hypothesis, it is possible that the murder occurs after a consummated, tempted or frustrated crime, it is true that such diverse facts cannot be confused, and that it is not fair to absorb such different events in the murder, ranging from the slightest of the contraventions, to the parricide.

But the issue has been complicated, so to speak, along the way; and hence, in accordance with our Code, a different solution needs to be reached. And this diverse solution has been reached by jurisprudence. But others have argued that there must be competition, because if aggravated homicide exists even if the other crime has not been committed, it cannot be said that the latter is an element of that crime, being inconceivable that one element may at the same time be and not constitute a more serious crime; and because the situation of the person who performs the average crime cannot be equated and then desisted from the proposed crime, with that of the person who commits one and the other. It seems to us, at least as very likely, that in this scenario the legislator wanted to establish that kind of so-called complex crime. If the murder is then aggravated, even if the other crime has not been committed, this means something other than this: the legislator, while worrying about the most common case, that is, the one in which the other crime was at least attempted, wanted to be severe even before the single purpose, even if it was not entirely carried out."