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In the typologies of individuals who are implicated in the accusation of having performed a harmful action, a distinction must be made between the figure of the sinister and that of the inactive individual.

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The first type refers to the one for whom the offense involves a reputable damage to the marriage.

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The inactive individual coincides with the owner of the goods or benefits protected by the criminal law, which is outraged or put at risk, directly and promptly, by the behavior of the person acting. This behavior manifests itself with four different ways of attacking a movable or immovable property of another subject:

devastation causes the total collapse of the good in its concrete entity; the disruption concerns movable property and consists in detecting the object from the possibility of using the beneficiary in such a way that the latter can no longer recover it; the damage implies a variation in peius of the object.

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As regards, according to the legal doctrine, the alteration of the good or the fact of dirtying it can be defined as damage in the case in which the return in good conditions does not happen; the impossibility of use provokes the uselessness of the good in relation to its primary role, total or partial, and even only for a short time.

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From the individual point of view, to identify the offense there must have been the awareness and the intention to demolish, damage, dissolve or render mobile goods of others unusable. Damage to computer or telematic systems.

The specific case of damage to computer or telecommunications facilities is governed by art. 635-bis of the Criminal Code: anyone who demolishes, ruins or renders, totally or partially, unusable computer or other computer systems, or instruments, news or other elements, is sanctioned, except that the gesture is the most illegal, with the detention from six months to three years.

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If one or more of the situations mentioned above takes place, or if the gesture is carried out with a defect of the role of the person in charge of the installation, the punishment is imprisonment of one to four years.

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The illicit act of outrage is governed by art. 594 p.p. that punishes any person who outrages the dignity or respectability of a present individual; as a clear supposition of the second paragraph, the offender is also responsible for the person who performs the gesture by telegraphic or telephone means, or by elaborate or graphic representations, aimed at the outraged individual.

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Regarding behavior, it must be said that, together with oral outrage, it also counts that of a figurative type, which is accomplished, ie, using documents, representations or tools from a clearly outrageous sense to the dignity and respectability of the other.

In theory, along with the direct outbreak, there is also the indirect type, which consists in inducing an individual through insults directed at subjects connected by relationships of consanguinity or confidence, and the reflex, which consists in an insult that, after having damaged the individual to whom he was addressed also hurts another subject.

It has been affirmed that the insult must be brought to an end, in the offense of outrage, in the presence of the injured party; there is debate on how to participate in this participation. Someone claims that a simple objective relationship of intervention of the injured party and of its closeness to the offender would suffice.

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Others think that the condition of understanding the insult should also be joined to the objective participation. On the basis of the majority jurisprudential doctrine, concluding, physical participation must also join the concrete understanding of the insult, which would therefore represent the instant in which the offense takes place.

In this regard, the jurisprudential theory has considered the illicit act of outrage to exist even in the hypothesis in which the individual who suffers, not having full hearing capacity or discomfort or disturbing disturbances, has not understood the specific meaning of direct communications to him, but it was immediately notified by other participants.

As far as the individual profile is concerned, the only general intention is sufficient, that is the awareness and the resoluteness of the gesture consisting in the intonation or writing of words or the implementation of outrageous actions with the knowledge of their injurious character.

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