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THE INCIDENTAL FACTORS OF HYPECY

When we speak of illicit things we refer generically to "every case in which the legislative whole reconnects as a result a penal punishment".

Each illicit is composed of an objective factor and an individual one.

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The objective factor is usually formed by three elements: the behavior, the circumstance, and the causal relationship.

The behavior is revealed in a gesture or in an inattentive uniformed by the law that regulates the illicit.

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Where the notion of behavior is clearly understandable, the circumstance is the subject of multiple theoretical interpretations. We can state, in any case, that the circumstance is the normal consequence of the behavior of the man important for the law.

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The latter, moreover, is not always fundamental since the law also regulates illicit without circumstances (defined as mere behavior).

In order for the causal relationship to exist (Article 40 of the Civil Code), it is essential that the conduct caused the circumstance. Also in this regard there are different interpretations on the part of the doctrine including the thesis of the condicio sine qua non, that of the proportional causal relation and that which is based on the general scientific principles and elements of statistics.

Generally the individual factor of the crime (articles 42 and 43 c.p) is revealed in the legitimate intention to commit a crime.

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The individual factor can be composed of intention, negligence or involuntary nature.

There is the intention in the case in which the individual manifests his behavior with determination and is aware of the circumstance; in other words, there must be the intention to make the gesture and the knowledge of its consequences.

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Neglect, on the contrary, occurs when the individual, while expressing his behavior intentionally, did not wish that the circumstance should take place, and it is therefore caused by negligence or unconsciousness or inexperience (general negligence), or for infringement of rules, regulations, provisions or regulations (particular negligence).

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In order to be able to give a definition of involuntary nature, it can be said that the involuntary crime is the one that is carried out unintentionally (determination), nor in opposition to the will (error), but beyond it.

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The penal code regulates only the involuntary crime (see article 584 c.p.), which takes place in the event that with gestures aimed at hitting or generating injuries to the person causes the death of the injured party.

DIFFERENCE BETWEEN INTENTION, NEGLIGENCE AND INVOLONTARYITY

As we have explored in other sections (see constitutive factors of the illicit), intention, negligence and involuntaryness represent the individual factor of the illicit. The dissimilarities between these elements are remarkable:

The intention is in the case in which those who perform the illicit act intentionally and are aware of the effects of his gesture or lack; negligence, on the contrary, arises in the case in which he, while proceeding intentionally, is in no way aware of the effects of his gesture and, moreover, the circumstance is caused by negligence or recklessness or incapacity of the manager, or is caused by its infringement of rules, rules, provisions or regulations, the involuntary nature is not a concept that should be placed halfway between intention and negligence; on the contrary, it is intention mixed with negligence.

Substantially, those who perform the illicit work intentionally, nevertheless he is aware of doing another wrongdoing in relation to what, concretely, is provoked by his behavior.

The only hypothesis regulated by the criminal code of a crime of this type is the involuntary crime (see Article 584 of the gg Civil Code).

There are typologies divided into degrees of intention, ranging from the predetermined intention (the heaviest) to the presumable intention, and different types of negligence, ranging from conscious negligence to the unconscious (regular hypothesis of negligence).

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