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The claim of the offended party is claimed. In fact, the mistake on his participation, that is to consider it not present in the moment in which the outrage takes place, expels the intention and therefore the offense, excluding the circumstance that in the gesture may arise the different offense of insult, where they participate more individuals.

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The person responsible for the aforementioned offense is sanctioned with imprisonment for up to six months or with a fine of up to 516 $. Injury.

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The unlawful act of injustice, governed by art. 595 c.p., is included in the part concerning crimes against dignity and consists in the gesture of one who, expressing himself with more individuals, offends the judgment of the subject at the absent moment. It is essential that there are three conditions.

Not the presence of the outraged: in injury, in fact, the offended party should not be able to detect abusive words. The injury must affect the opinion of another individual. The disclosure to several subjects, namely the exposure to at least two subjects of the injurious gesture; it is essential that such subjects capture the injurious gesture.

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The crime takes place, exactly, with the intuition on the part of the two or more subjects of the injurious gesture.

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Theory and jurisdictional bodies consider quietly that the disclosure of insulting information via the web reinforces, at least, the conditions of the unlawful act governed by art. 595 paragraph 3 c.p.

In fact, even if the manager introduces the news on the web, the gesture is clearly aimed at damaging dignity and esteem.

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With particular reference to the crime of abuse, it is well known that it takes place even if the diffusion to several subjects and / or the intuition of the latter of the news is not simultaneous (to the disclosure) and the context (among them), being able the recipients to be even very distant from each other, or from the manager.

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In addition, in the hypothesis in which the manager gives rise to or uses an Internet site, disclosure should be considered addressed to an indefinite number of individuals. It follows that the disclosure via web of information that is actually harmful to the consideration reinforces one of the acute cases referred to in art. 595 c.p. (third paragraph governing the injury produced with all other advertising tools). Even in this case the peculiar diffusion of the instrument used to spread the injurious news implies that the manager becomes worthy of a more severe penalty.

False accusation.

Article 368 c.p. it sanctions "all those who, with notification, complaint, application or appeal, even if unknown or under misleading name, addressed to the judicial organs or to other organisms that to communicate it, impute a non-guilty party, or rebuild against him the evidence of an offense, is sanctioned with imprisonment from two to six years.

The punishment is greater if you incriminate someone for an offense for which the law provides for detention for at least ten years, or another punishment heavier. The detention is from four to twelve years, if a sentence for imprisonment for more than five years arises from the unlawful; it is from six to twenty years, if the gesture results in a life sentence.

With regard to the mental factor, the awareness and the intention to impute an individual whose innocence is known as guilty are required.

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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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