Homicide offense

The Supreme Court (TS) has recently ruled on a dramatic case in which a man, after years of serious physical and psychological abuse towards his wife, threw her off a terrace. The situation was extremely serious, as the victim suffered serious injuries, and furthermore, after the fall, the accused attacked her again. However, after this terrible moment, the same accused was the one who asked for help from emergency services, actively contributing to saving his wife's life and preventing her death.

The Provincial Court acquitted the accused of the crimes of murder and attempted homicide, applying what is called an "absolute excuse for withdrawal", since, after attempting to kill the victim, he repented and took measures to prevent death. Of course, he was convicted of other acts such as habitual abuse, various crimes of abuse in the family environment, and serious injuries aggravated by kinship and gender discrimination. All parties appealed, but both the High Court and the Supreme Court confirmed that the withdrawal was real, free, and effective, because his intervention was decisive for the victim not to die. According to the TS, as long as the person attacked has not died, the aggressor can repent and avoid the worst outcome, and this fact can be a reason why he is not convicted of homicide or murder. Therefore, they conclude that the application of this absolute excuse was correct in this case.

Our lawyers guarantee the defense of your rights in actions arising from events that could constitute a crime.