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The only cases provided for by the national law are the involuntary crime (Article 584 of the Civil Code) and the interruption of involuntary pregnancy (Article 18, paragraph 2, Law 194/1978).

In contrast, there is talk of an individual factor of guilt when there is no intention to commit an offense, but this happens due to negligence, unconsciousness, incapacity or for the infringement of rules, regulations, provisions or provisions (Article 43 of the Criminal Code) ).

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The law also regulates situations of negligence, such as culpable crime [art. 589 c.p.] or guilt injuries [art. 590 c.p.]). Violations are prosecuted in both of the aforementioned situations, namely fraud and guilt.

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There are also situations in which the legitimate defense or non-prosecution of the offense is envisaged. Article. 52 c.p. , or legitimate defense, provides that the crime is not prosecuted, if the person has done so because forced by the need to protect their own right or that of third parties. However, the aforementioned article also identifies the principle of proportionality between protection and affront.

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Thus, such an action is legitimized only if the two factors of necessity or urgency and proportionality between transgression and protection are present. Also, for legislation, proportionality must exist between the opposing assets.

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For example, during a robbery, in which the attack on the patrimony of a subject is foreseen, the defense of those who, to avoid such danger, causes the death of the robber, as an existential type of damage occurs, is not legitimate it is certainly more important than the patrimonial one.

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Other reasons of legitimate defense concern:

the consent of those entitled (Article 50 of the Civil Code)

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the application of a right or compliance with an obligation (Article 51 of the Civil Code)

the motivated use of weapons (article 53 c.p.)

the state of necessity (article 54 c.p.).

With regard to the limitation period, it is possible to cancel an offense by virtue of the temporal criterion, or in the case in which it exceeds a determined period of time.

The prescription, however, is never applied for crimes involving a life sentence, and even before the death penalty. Article. 157 c.p. establishes the period of limitation of a crime considering the sentence that is applied to it.

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The prescription annuls the offense if the period of time that corresponds to the maximum limit of the penalty issued established by law has ended and, generally, it is a period of about 6 years in case of murder and 4 years in circumstances of violation, even for those that provide for a condemnation with pecuniary sanctions.

The period of limitation is defined on the basis of the punishment provided for by the law for committed or risky offenses, without taking into account the mitigation of punishment and its probable lengthening, except in cases of exacerbation for some types of more serious crimes, for which expected the maximum penalty extension.

The Constitutional Court with ruling 31.5.1990, n. 275 established the non-correspondence to the constitution of art. 157 of the Italian Penal Code, in the passage in which it does not provide that the defendant can reject the prescription of the crime.

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The prescription can be applied in cases of suspension, in which the time limit runs from when the suspension phase starts, or in case of arrest, in which the time limit starts from the stop phase.

Even in cases of suspension or arrest, time limits are in any case beyond which the statute of limitation becomes effective (Article 161 of the Italian Civil Code).

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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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