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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.

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.

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Crimes are distinguished in crimes and offenses. In practice, therefore, when referring to crimes, one wants to refer either to a crime, or an infraction. Crimes and offenses differ according to the type of sanction established by the penal code (Article 39 of the Criminal Code): crimes are those crimes to which the sentence is applicable to life imprisonment, imprisonment, fine, where the transgressions are those offenses to which the punishment of detention and / or fine (Article 17 of the Criminal Code) is applicable.

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The crimes are almost all disciplined and punishable by the second part of the criminal code, they can be intentional or intentional in nature, and are punished more heavily in relation to the offenses. The latter, on the contrary, are regulated both by the third book of the penal code and by various particular legislative norms.

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Their peculiarity is that, essentially, for their merit, the estimate of the existence of the individual factor is not essential. In other words, the magistrate will inflict a punishment to Tizio for the conduct of a vehicle in a state of drunkenness, which is a crime of contravention (see Article 186 of the highway code), without taking into account the existence of intention or error in the behavior adopted from Tizio himself.

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TYPES OF EXISTING PENALTIES

Punishment in the criminal field can be explained in these terms: the affliction decreed by the law and imposed by the judging body with a trial procedure for those who break legislation.

The theory has analyzed well the characteristics of the punishment; principally it can be argued that the sentence has a duty of coercion and one of precaution.

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The elements of punishment, on the other hand, are:

1) individuality, punishment is individual, that is, it concerns only those who have committed the wrongdoing (see Article 27 of the Constitution);

2) lawfulness, since the implementation of punishment is strictly regulated by the law (refer to the Latin proverbs nullum crimen sine lege and nulla poena sine lege);

3) proportionality, ie the punishment is commensurate with the unlawful accomplished;

4) mandatory punishment, even if this factor has actually been modified by the various exceptions established by the law, including conditional freedom (Article 176 of the Italian Criminal Code), conditional interruption (Article 163 of the Italian Criminal Code), judicial absolution ( Article 169 of the criminal code) and others. In national legislation, punishments are classified in an inflexible way: first, they are divided into primary and secondary; moreover, there are different types of punishments depending on whether they are crimes or offenses (see differences between crimes and offenses); finally there is the differentiation between the restrictive punishment of individual liberty and the monetary ones.

The fundamental penalties for crimes are (article 17 c.p.): life imprisonment; imprisonment; the fine. The complementary punishments for crimes are (article 19 c.p.): the removal from public offices; the prohibition of exercising a professional or artistic activity; the legal prohibition; the removal from the management positions of legal entities and companies; the inability to contain with public administration bodies; the end of the professional relationship; the degradation or arrest of the parental authority function.

The fundamental punishments for infractions are (Article 17 para): capture; the fine.

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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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