• Dolo d'impeto, aggravante della crudeltà e componenti impulsive della condotta, nota a sent. Cass. sez. un. 23 giugno 2016, n. 40516,

Malice of passion, aggravating factor of cruelty and impulsive element of the conduct Abstract The cruelty in the realisation of crime assumes specific significance in the crime of passion, because it is discussed if it is an aggravating factor or it is confused with the malice of passion. The jurisprudence of the united sections of the Court of Cassation introduces variation of the impulsive elements of the conduct, a distinct concept from insanity. In the essay are studied the different psychic elements that can also exist in the short term in the crime of passion, becoming to the conclusion of the compatibility between the malice of passion and the aggravating factor of cruelty because they operates on different levels, appointing also field – between the emotional and passionate status not representing insanity – to the impulsive traits of the conduct. Any distinction is based on specific indicators drawn by the modality of the fact: between those indicators, the one of most difficult legal framework is exactly the most frequent, object of the sentence commented, that is the reiteration of the hits.