Attempted homicide and threats. Crimes homogeneous

Commentary on the Supreme Court of 4 October 2012

Abstract

The homogeneity or heterogeneity of crimes not subject to lay invariable dogmas. It is a matter to be resolved casuistically checking each individual case and no generalizations. The particular circumstances condition the solution. The basic criterion counselor will determine whether the specific case referred, condemnationis titulus variation is defenseless or imply causation have deprived the parties of any possibility of defense. As much as possible to speak in general terms of homogeneity between two offenses can not be said of the prosecution absolutely one of them open, always and in any case, the door to the conviction of the other.