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The illicit use (article 644 c.p.) is when a subject is donated or guaranteed, in any way, for himself or for third parties, in exchange for cash or other services, interests or other benefits of usury. The illicit use is sanctioned with imprisonment from one to six years and with a fine of € 5,000 to € 30,000.

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The same sanction applies to those acting as intermediaries.

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The law decrees the margin over which the interest rate is always usurious (Law 7.3.1996, No. 108). Interest, even those that respect this margin, and the other benefits or rewards that, considering the real factors of the action and the average interest applied for similar transactions, are in any case not commensurate with the granting of cash. or other services, or the intercession function, if those who granted or guaranteed them have problems of an economic or financial nature.

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For the purposes of quantification of the interest rate of usury we consider requests, payments of any kind and costs, not including those for taxes and contributions, related to the donation of money.

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The punishments were prolonged by a third party to half in cases where:

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the manager worked within a job function, in the bank or as a securities finance intermediary;

the manager has demanded as a guarantee partnership or parts of companies or companies or real estate assets;

the offense is committed to the disadvantage of particularly needy individuals;

the offense is committed to the disadvantage of entrepreneurs, specialists or artisans;

the offense is committed by an individual sentenced with final sanction to the preventive measure of extraordinary supervision within the time frame established for implementation and up to three years from the moment in which the implementation was terminated.

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In the case of punishment, or even negotiation, the seizure of the objects representing the amount or gain deriving from the illicit or cash, objects and proceeds of which the guilty also has due to the intermediation of a subject is always ordered.

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for an entity corresponding to the cost of interest rates or other benefits or rewards of usury, excluding the rights of the individual injured by the offense and the redelivery and reimbursement of damages.

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Deterioration, breakdown of computer or telematic systems.

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Article. 635 c.p. (deterioration) establishes that those who demolish, dissolve, ruin or determine, totally or partially, the non-use of movable or immovable property of others are sanctioned, on complaint of the injured party, with imprisonment up to a year or with the fine until at 309 $.

The punishment for the unlawful deterioration consists in the detention from six months to three years, and it continues automatically, if the offense is committed:

using force on the individual or with intimidation;

by holders in circumstances of closures, or by employees who strike, or in the case of impediment of performance of public work or public need (Article 331 of the Criminal Code), on public buildings or used for collective use or activity religious or property of importance on the historical or artistic level wherever they are located or on real estate located in the area of the historic centers, or on assets that are in offices or public buildings, or in confiscation or requisition, or shown for need or for practice or for assignment to the public belief, or used for the public office or use, protection or veneration;

with regard to land used for irrigation;

on shrubs of vines, plants or fruit trees, or with regard to scrubland, green areas or forests, or on wooded greenhouses reserved for reforestation.

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The specific case of deterioration of computer or telecommunications systems is regulated by art. 635-bis cp: those who demolish, ruin or determine, totally or partially, the inactivity of computer or other computer systems, or applications, data or news of others, is sanctioned, except that the action is configurable as a plus heavy illicit, with imprisonment from six months to three years.

If one or more of the aforementioned conditions occur, or if the action is carried out with excessive use of the role of the person in charge of the installation, the punishment is imprisonment of one to four years.

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Infringement, deduction or deletion of correspondence

There is an infraction, deduction or elimination of correspondence (Article 616 of the Criminal Code) if it is verified that a subject is aware of what contains a sealed communication (infraction), not of his property, or deducts or appropriates, for become aware or make known to third parties, a sealed or open letter, not addressed to him (deduction), or, totally or partially, annihilates or eliminates (elimination).

The offense is prosecuted, if the act can not be considered illegal, under another law, with imprisonment up to a year or with a fine of between 30 and 516 $.

If the manager, without legitimate reason, discloses the elements of the correspondence, totally or partially, is sanctioned, in the event that the gesture causes damage and the action itself is not configurable as a heavier offense, with the detention up to three years.

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The offense can be prosecuted on complaint by the injured party.

The rules are valid for all the "correspondence", to be understood as letters, telegrams or telephone conversations, by means of information or telematic means (therefore also the e-mail) or by any other means of distance information.

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Manslaughter

The guilty murder (Article 589 of the Civil Code), which occurs in the event that a person causes the death of an individual in a culpable manner, is sanctioned by our laws with imprisonment from six months to five years. If the guilty murder is committed in contravention of the laws that regulate road traffic or the precautionary ones of accidents at work, the sanction coincides with imprisonment from one to five years.

If there is the death of several individuals, or of one or more subjects and wounds of one or more individuals, the sanction provided for the heaviest of the violations made multiplied three times is adopted, but the penalty can not go beyond twelve years.

Corruption, embezzlement, official defect, renunciation or omission of official actions

The penal code lists different cases of corruption:

Art. 318 c.p. (Corruption for an official action) The public official, who, to perform a function of his employment, collects, for himself or for others, cash or other proceeds, a reward that does not belong to him, or accepts the guarantee , is sanctioned with imprisonment from six months to three years.

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In the event that the public official collects a fee for a compulsory action that he has already completed, the penalty consists in holding up to one year. Art. 319 c.p. (Corruption for an action that contravenes the burdens of the office)

The public official, who, to omit or postpone or for having left out or postponed an action of his office, or to perform or have performed an action contrary to the obligations of office, collects cash or other proceeds, for itself or for others, or accepts the guarantee, is sanctioned with imprisonment from two to five years.

The punishment is greater if the action referred to in art. 319 p.p. concerns the attribution of public employment or wages or pension installments or the drafting of agreements involving the administrative body to which the public official belongs.

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Contact us in case of detention or criminal or civil problems. The law firm in London, New York, La Vegas, Rome, Naples, Milan, Italy, Germany, Spain, France and has over 15 foreign branches, is directed towards criminal and international law, a format for criminal lawyers mainly deals with the defense of people accused of crimes penalties such as drug trafficking, financial and economic crimes, white-collar crimes, murder, violence, rape and any type of crime. Contact us now for effective criminal defense.

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