26 Dec failure to provide relief and tenuousness of the fact

The crime of failure to provide assistance is also committed in the presence of possible fraud. However, the assessment of the factual circumstances – such as the extreme lightness of the damage caused, the presence of several passers-by ready to help the injured person, and the fact that the investor had stopped before moving away and that he had not denied his involvement once traced – they can lead to the recognition of the cause of non-punishment due to particular tenuousness of the fact. The Supreme Court deemed the article applicable 131 to c.p. to a motorist who, after determining the impact of your vehicle with a bicycle, causing the cyclist leading it to fall, he only stopped to check for the absence of obvious injuries and then left the accident site without providing any specific assistance and without waiting for the ambulance to arrive. According to the Supreme Court, the crime of failure to assist may be configured as committed with possible intent, ma, by virtue of the factual circumstances just highlighted above, the cause of non-punishment pursuant to art. 131 to c.p., for particular tenuousness of the fact (Cass. 27241/20).