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On a formal (or legal) level, the offense is that juridical case explicitly established by the law (legality factor) to which the law connects, as an effect, the sentence.

On an organic level, therefore, the illicit is that action of man ascribable to the individual (materiality factor) detrimental to a property protected by law (by a violation or, in some cases, even by an intimidation) punished with a sanction appropriate to the value of the protected property, in which the punishment has a duty to correct the guilty party.

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The illicit, expected, regulated and condemned by the law is different from the administrative and civil offense for the different nature of the established punishment.

With regard to the fundamental components of the crime (in the absence of which the same does not exist), they are: action (human behavior, circumstance and causal link between behavior and occurrence), responsibility (individual indictment of the gesture that ends in a verdict of responsibility), the opposition to the law (opposition between the law and the action) (principle of the tripartition that is different from that of the bipartition for the existence of the opposition to the law of the crime).

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On the basis of this vision, the criminal offense is a crime, that is the transgression of a law that establishes as punishment one of the sanctions indicated in Article 17 of the Criminal Code: crimes: life imprisonment, imprisonment and fine, transgressions: capture and fine.

This differentiation is remarkable from the point of view of the application for the principle of attribution of individual fault (except for different legislative prescriptions, one is responsible for crimes only as an intentional claim where in the hypothesis of violation one can be called to answer both malicious title is culpable), intention (legal factor not applicable to violations) and the grounds for defense or discrimination.

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Transgressions usually derive from so-called police crimes, an expression of the discipline of collective life. The latter are a "mala quia prohibita" (bad because prohibited), ie punished only in relation to the variable necessities of order and collective protection.

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Offending crimes are crimes that infringe laws that protect natural rights.

These are "mala in se" (evil in itself), ie harmful to an already existing good. They presuppose malice, whereas only the fault is necessary for the transgressions.

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Description of substance. The formal representation is opposed to the substantive type of the offense according to which socially damaging action is configurable as such, even if not explicitly expected by the law; it follows that socially harmful behavior can be pursued even if they are not condemnable by the law.

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This interpretation, however, cancels legal certainty and protection for citizens and for this reason all democratic and liberal states have accepted a conception of the form of the illicit.

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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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