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The limit between intention and negligence is constituted by the discrepancy between the presumable intention and the conscious negligence:

the first is in the case in which the worker assumed the eventuality that the circumstance took place and assumed the danger of his occur, where the second occurs in the event that the perpetrator presaged the possibility of the occurrence of the circumstance but operated with the certainty that the circumstance itself would not have taken place.

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Classic hypothesis of conscious negligence, and not of potential intention, is that of the saltimbanco who in a circus show exercises the launch of the daggers towards an individual; he undoubtedly presumed the probability of centering himself but of work by assigning himself to his skill and he was convinced to avert the circumstance.

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In short, in all the cases in which the circumstance has been perceived as probable, but it was certain that it did not take place, this is a case of conscious negligence, and not probable intention.

The code of criminal procedure distinguishes between punishable offenses and criminal offenses punishable by duty, establishing as main sources the rule of mandatory prosecution (Article 50 of the Italian Civil Code, paragraph 2).

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Where punishable crimes must be compulsorily initiated a criminal trial only if it arrives, to any body that has the competence, a notification of wrongdoing, for crimes punishable on complaint it is also essential that the party injured officially ask the manager is sanctioned on the criminal level. The right of complaint, in essence, is assured to each injured party offended by an offense for which it is not necessary to continue compulsorily (Article 120 of the Criminal Code), must be completed within three months from the date on which the injured party has communicated the is illegal (Article 124 of the Italian Criminal Code), and consists of two factors: the notification of the wrongdoing and the disclosure of the claim that the criminal prosecution proceeds with respect to the same.

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The concrete differences with the complaint are that it can be advanced by everyone (not only by the injured party) and must not inevitably include a demonstration of desire, in other words it is sufficient that the notification is given that a crime occurred.

A further concrete discrepancy is that, where the complaint can constitute an acquittal, the complaint does not: in short, in case there is a criminal trial for a crime that can be prosecuted on complaint the injured party can renounce it and, if the the so-called acknowledgment of the renunciation operates, the offense is annulled (Article 152 - 156 of the Criminal Code)

In practice, the legislative body has established a rule that the injured party is required to be prosecuted for the prosecution of certain offenses. sanctioned the manager, where for other offenses, which are generally the most serious crimes and all transgressions, it is sufficient that the notification of the crime arrives to the competent body; moreover, for crimes punishable by obligation the State does not allow the injured party to bring the lawsuit because it possesses itself a legitimately important interest in limiting the completion of those crimes.

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It is not known to all, concluding, that in specific cases even the private entity has a clear legal obligation to report and that in the case of inattention is required to respond to the criminal (see Article 344 c.p.)

PROCEDURE FOR THE MINORIAN ACCUSED

The current national criminal law system presumes that any wrongdoing done by individuals who are not yet of age is sentenced by particular bodies, on the basis of procedures that are different from the usual ones and with the implementation of lighter punishments of the same type.

In other European legal systems, rather, the legislative body has gone beyond establishing even different types of punishment.

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Regarding the Italian legislation, in any case, it must be said that the court for minors is formed by a body always evaluating the assembly, which consists of two judges togati (one of the court, which holds the role of chairman of the assembly , and one by forum) and by two honorary magistrates (lay members), a man and a woman, meritorious for social support; Public Prosecutor activities are carried out at first instance by the lawyer of the Republic to the court for minors and this institution uses a specific unit of Judicial Police whose members have different skills and competences.

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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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