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With the false term in the balance sheet, or accounting fraud [1], we refer to the drafting of information that is not true at the social level, ie false and incorrect reports with respect to what happened and of the significant reporters to be provided in the reporting business activity.

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Since the statement of a company is an act that is drawn up so that the affiliates and third parties can find all the data on which to make choices (generally in the commercial sphere) inherent in the same company [2], and taking into account that the report is not just about the capital to be invested, but also the workers and the community [3], the correct drafting is to be considered necessary and necessary in all the laws of the world to defend and safeguard the public good.

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The false drafting, which however implies an untruthful reproduction of the entrepreneurial condition, is therefore considered as fraud and widely regarded as illicit in almost all legislation. Often it does not concern an illicitly allegedly attributed to that type of documentation, but is sometimes considered as a false ideological model [4] or falsehood in documents generally understood with respect to the "document" qualification that can connect to accounting [5].

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Generally it is regulated at least indirectly in the regulations on company law.

The threat, in criminal law, is the crime governed by art. 612 of the Penal Code, which says: He who threatens to other subjects an illegitimate damage is punished, on complaint of the outraged subject, with a fine of up to 51.00 $.

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If the threat is heavy, or is performed with one of the methods provided for by art. 339 of the Penal Code, the sentence provides for the arrest up to 1 year and continues ex officio. The view of keeping a right in operation may also be included in this illicit act. [1]

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In Italian law, any violation of the interests safeguarded by the jurisdiction is considered to be unlawful damage.

Not all interests are fundamental at the juridical level, the repayment of damages is foreseen only when the violation of the interests of others represents an "illegitimate damage" [1]. Illegitimate damage is the fundamental requirement of an illegal action which in turn is one of the requirements of non-contractual liability.

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At the beginning it was considered as "illegitimate" only the violation of universal rights and the violation of rights related to the actual subject. The infringement of credit rights (hypotheses for non-compliance for example) is also considered anti-juridical.

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Currently, however, "illegitimate damage" is considered any violation of an interest safeguarded by legislation (therefore also cases such as possession, disturbances in the pre-contractual context, violation of interest in accordance with the law) [2].

For illegal purposes we refer to a human conduct in opposition to legal legislation, since it represents the transgression of a bond or an imposition applied by a legal regulation (primary call), to which another regulation (secondary call) associates a punishment. [1]

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The conduct that represents the illicit can be commissive (that is, an action), when it infringes an imposition or a negative constraint (not to do), or even omission (ie a lack), when it violates an imposition or positive bond (ie to do or to give). The clash between the conduct and the law called primary has the name of anti-juridicality.

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The illicit act is a legal fact because a legal regulation associates the same, as an effect, the occurrence of a legal circumstance of a subjective nature, the responsibility, or the obligation to stick to the expected punishment; one speaks therefore of illicit fact.

In the current legislation, usually, because it is manifested the responsibility is useful that the conduct is intentional, therefore the offense is presented in more detail as a legal action and, consequently, we speak of illicit action.

Obviously, in the current legislation, there are not even circumstances of responsibility at the objective level, in which the effects occur regardless of the intentionality of the conduct; in such circumstances the offense does not present itself as a legal action but as a simple fact.

It should be emphasized that in some legislations the notions of illicit fact (for It) and illicit actions (for Germany and Switzerland) are used with a more limited meaning, that is to refer to a specific offense, that in civil law extracontractual .

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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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