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
Research Fellow, Criminal Law Lecturer, Bocconi University, Via Roentgen 1, Milano, Italy; firstname.lastname@example.org. I gratefully acknowledge the invaluable advice and help of professor Francesco Viganò. I am also grateful to professor Doug Husak for his valuable feedback on drafts of this article.
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Tommaso Trinchera; Transferred Intent in Italian Criminal Law: Sentencing Rule for Multiple Offense Scenarios. New Criminal Law Review 27 November 2020; 23 (4): 636–654. doi: https://doi.org/10.1525/nclr.2020.23.4.636
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