Criminal Law, Continued Crime, Same Criminal Design, Court of Cassation, I Section, Judgment n. 4119 of 28/01-01/02/2019

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Criminal Law, Continued Crime, Same Criminal Design, Court of Cassation, I Section, Judgment n. 4119 of 28/01-01/02/2019

The First Criminal Section has affirmed that the same criminal design can be configured even when one of the crimes forming part of the unified design and planning has had an aberrant outcome with respect to the original determination, since, due to a mere executive error, the event wanted by the agent has occurred to the detriment of a person other than the one to whom the offense was directed, given that the accidental change in the material object of the conduct does not affect the subjective element that sustains the institution.

Source Supreme Court of Cassation

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