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The subjects listed in the first paragraph are treated as equivalent to public officials, if they carry out equivalent activities, and to the employees of a public function in the other cases. The illicit acts of:

Concussion (Article 317 of the criminal code): The public official or the person in charge of a public function who, by taking advantage of his role or authority, imposes or instigates someone to grant or illegally grant, for himself or for others, cash or other proceeds, is sanctioned with imprisonment from four to twelve years. office defect (Article 323 of the Criminal Code).

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The public official or the person in charge of public tasks who, in carrying out the activities or the trade, infringing the laws or regulations, or avoiding to exempt themselves in the event that it is at stake an advantage for themselves or for a close relative or in the different hypotheses envisaged, knowingly assures to himself or to third parties an unlawful pecuniary benefit or provokes an illegitimate damage to third parties, is sanctioned with imprisonment from six months to three years.

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The punishment is greater when the benefit or damage is particularly heavy. Waiver or negligence of official action (Article 328 of the criminal code): The public official or the person in charge of a public task who illegitimately refuses to carry out an activity of his job which, for reasons of fairness or public protection, or of public order or health and well-being, must be implemented without delay, is sanctioned with imprisonment from six months to two years.

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Beyond the hypotheses listed in the first paragraph, the public official or the person in charge of public functions, who within one month of the request of the person concerned does not carry out the activity related to his duties and does not offer any justification for his postponement, sanctioned with imprisonment up to a year or with a fine of up to two million lire.

This application must be completed in writing and the limit of one month begins to elapse from the date of receipt of the application.

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What types of damage can be compensated?

The catalogs concerning the repayable damage are different and complex.

First of all, we must consider the differentiation between material damage, that is to the objects, and physical, that is, to the individual. Material damages are those concerning objects belonging to those who suffer damage after the accident, and must be reimbursed at their market cost.

Physical damage arises on the contrary from injuries to the individual, and can give rise to two different types of damage: that of temporary incapacity, which is equivalent to the period of convalescence, and that of constant illness, which corresponds instead to the reduction of physical fitness .

For each of the aforementioned typologies, we distinguish other categories of damage, that is biological damage, to assets and moral damage. The biological damage is the damage to the physical and mental well-being of the individual, found on the sanitary and repayable, not considering the suitability of generating income from the injured party. It is a fact completely untied by the suitability to produce the injured party.

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The category of biological damage includes all harmful types not related to income, ie the damage to aesthetics, to the life of a couple, which consists in the deprivation of different aspects of the couple life caused by the damage itself, and the sexual damage and the reduction of the general work suitability.

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The damage to the assets is caused by the violation of the property of the injured party. This type occurs in the event that personal harm not only affects physical and mental well-being, that is, it causes damage to the biological sphere, and disrupts the emotional status, that is, it causes damage to the moral sphere, but also affects the patrimonial aspect of the injured party, causing an economic damage.

The damage to the moral is constituted by mental anguish, by the state of agitation and by the disquiet deriving from the violations. This damage is also identifiable in cases of illicit subversion of the emotionalism of the injured party after the crime. In fact, in the event that the breaches of which we have been the subject derive from a criminal criminal action and the guilt of the person in charge of the action is confirmed, we can only be compensated.

The punitive damage is then what the insurance institutions must reimburse for not having committed to a solution out of court of the dispute, leading the injured party to resort to judicial instruments with relative waste of time and money.

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Criminal Law Lawyers

Ryan Herrmann: Uk Us Europe

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info@herrmannlawyers.com

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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