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The complementary punishments for infractions are (article 19 c.p.): the interruption of the performance of a work or an artistic activity; interdiction from the executive offices of legal entities and companies.

Factor of both the crimes and the infractions is the complementary punishment of the disclosure of the penalty verdict. These primary punishments are limitative of individual liberty: life imprisonment, imprisonment, capture; while the monetary ones are: fine, fine.

As previously explained (reference to the conditions of crime), malice, blame and premeditated fraud are constitutive conditions of crime.

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Among them there are huge differences:

the malice occurs when the person who performs an illicit act intentionally and is aware of the effects of his behavior or negligence; the guilt, while, exists in the moment in which those who commit an illicit, while operating intentionally, are in no way aware of the effects of their behavior and, at the same time, the action happens because of laziness or recklessness or inexperience of those who act, that is to say, because of his transgression against legislation, rules and provisions; premeditated fraud, on the other hand, is not an action that lies halfway between malice and guilt; but it is nevertheless mixed with fault.

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In reality, those who commit an illicit work intentionally, but the same is aware of doing another wrongdoing than what, in reality, happens because of his behavior.

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The only circumstance regulated by the criminal code of deliberate fraud is premeditated murder (see Article 584 of the Italian Civil Code).

There are different degrees of malice, ranging from pre-intentional (the heaviest) to the potential, and different degrees of guilt, ranging from the conscious to the unaware (ordinary circumstance of guilt).

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The limit between malice and negligence is the difference between the potential fraud and the guilty culpability: the first case takes place when the person committing the crime has sensed the occurrence of the situation and has accepted the danger of its implementation, instead the second occurs when the person committing the crime has sensed the occurrence of the situation but has nevertheless been convinced that the same situation would not have happened.

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A classic situation of conscious guilt, and not of potential fraud, occurs when a circus throws knives at a spectator during his show; he certainly foresees the possibility of hurting the same but working believing in his own ability and is convinced of avoiding danger. In conclusion, in all the circumstances in which the situation is possibly foreseen, but it was certain that it did not happen, we find ourselves in the case of conscious guilt, and not potential fraud.

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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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