04 Jan Excess manslaughter in self-defense

There culpable excess in self-defense when the right balance between offense and defense is not to blame, understood as inexcusable error, by precipitation, carelessness or inexperience in calculating the danger and the means of salvation; culpable excess is avoided whenever the limits imposed by the need for defense are exceeded as a consequence of the deliberate choice of a reactive conduct, which involves overcoming, conscious and voluntary, of the above limits, transfiguring into an instrument of aggression (Cass. 29365/19).