This article examines the rule on transferred intent under Italian criminal law and argues that such rule does not only concern the mental element of the crime (mens rea), as generally considered in both Italian and Anglo-American literature, but also involves a multiple offense scenario in which a willful offense attempted against the intended target coexists with a negligent one actually carried out against an unintended victim. According to the rule on transferred intent, the two offenses should be considered as a single offense for the purpose of sentencing.
Transferred Intent in Italian criminal law: sentencing rule for multiple offense scenarios
Trinchera, Tommaso
2020
Abstract
This article examines the rule on transferred intent under Italian criminal law and argues that such rule does not only concern the mental element of the crime (mens rea), as generally considered in both Italian and Anglo-American literature, but also involves a multiple offense scenario in which a willful offense attempted against the intended target coexists with a negligent one actually carried out against an unintended victim. According to the rule on transferred intent, the two offenses should be considered as a single offense for the purpose of sentencing.File in questo prodotto:
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