attenuante

Attenuante is a term used in criminal law to denote a circumstance that reduces the offender’s culpability and the severity of the penalty. It serves to temper punishment within the range established by law and is distinct from aggravating circumstances, which can increase liability. Attenuants acknowledge factors that lessen moral blame or the gravity of a crime, such as the offender’s personal situation, conduct after the offense, or the circumstances in which the crime was committed.

In many legal systems, including Italy, attenuants are commonly categorized as generic and special (or particular) attenuants. Generic attenuants are factors that can apply across cases and are considered by the judge when evaluating the offender’s overall blameworthiness. Special attenuants are explicitly listed in the law for specific offenses or conditions. Typical examples include the offender’s confession or cooperation with authorities, expressions of remorse, a limited role in the crime, a lack of prior criminal conduct, youth or mental distress, or criminal conduct under duress or provocation. The exact lists and their weight vary by jurisdiction.

Application usually involves the judge integrating attenuants with any aggravating circumstances to determine the final sentence within the statutory range. The presence of one or more attenuants generally reduces the penalty, and multiple attenuants can lead to a greater reduction, subject to procedural rules and proportionality principles. Attenuants do not expunge guilt; they are a mechanism to calibrate punishment to the specifics of the case and the offender.

See also: aggravating circumstances, non imputability, justification, defense.