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There is a difference between complaint and lawsuit: with the complaint, made by the Public Official or by the individual person, the case is communicated to the Public Prosecutor or to the judicial police as a case configured as illicit (Articles 331 and following of the Italian Civil Code); likewise, the individual subject can forward his or her complaint also in oral form (article 333 c.p.p.).

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In this case we proceed from office, without which the intercession of the injured party is necessarily forced. While, the lawsuit is an advanced procedure for some specific offenses such as those involving injuries, blows, offenses, defamation, and is characterized by the so-called procedural requirement.

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The complaint proves the intentionality of the injured party to proceed for a specific offense (articles 336 and following of the penal code); the aforementioned, can be sent in oral form in which a written report is compiled by the official to whom it is exposed, can be withdrawn if already forwarded, or rejected if it has not yet been forwarded.

Furthermore, by law, the filing of the lawsuit has deadlines.

Article. 124 p.p. provides that it is presented within three months from the day in which the awareness of the case is ascertained as illicit and from the moment in which the person responsible for the same offense is identified.

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It can happen, in fact, that you know the wrongdoing you have suffered and the day and place where it happened, but you do not have awareness and knowledge of the managers or the factors that have determined it, for this we must conduct investigations to a correct assessment.

Precisely for these reasons, in such circumstances, the expiry date will begin to run from the day on which the objective and individual circumstance of the offense will be clear and precise.

Let us now try to understand how we can obtain compensation for damage caused by an offense. If you have been harmed by the wrongdoing there are two ways to get compensation. In the first hypothesis one can constitute a civil party during the criminal trial; this circumstance provides for a request for compensation of a private nature, as the criminal procedure acquires a discretionary nature which provides as participants only the State, in the capacity of the Public Prosecutor, and the suspect.

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Constituting a civil party, the injured party can not only claim to be compensated, but can also present a series of useful documents to prove the existence of the offense. Another hypothesis consists, instead, in starting the injured party a regular verification procedure for imputability from illegal action, both negotiation and outside the company, before the judge, which will end with a real criminal trial, unless At the beginning of the civil procedure, a first level judgment has not already been issued or there has been the constitution of a civil party (in such circumstances, reserved for cancellation, Article 82 of the Code of Criminal Procedure).

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With the possibility of using the two methodologies, the law established the independence of the criminal judgment with respect to the civil or administrative, except for the circumstances of exclusive foreclosure of the civilian accused with respect to the penalty concerning disputes on matters relating to the state of citizen and family member, art. 3 c.p.p.). In the face of a civil judgment, the compensation requested must also consider the ethical damage, that is the non-pecuniary damage, usually not considered in the applications that do not provide for types that can be considered illicit.

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Another difference exists between an intentional, negligent and involuntary crime.

The fraud is the will and the firmness to commit a crime, whose characteristic is given by the individual factor, as connected to the mental status.

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Article. 42 c.p. provides that you should not condemn an individual for an action deemed illegal, if it was not committed intentionally and conscientiously excluding, however, some types illustrated by the legislative provision in which you constitute an illegal action even if there is fraud, for example, voluntary and guilty crimes.

There is talk of involuntary individual status when there is a willingness to commit a crime, but the consequences of their action are more serious than expected; it is the case in which a subject is beaten only with the intention of provoking wounds, but the blows inflicted provoke, instead, death.

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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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