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Infringement, deduction or deletion of correspondence.

The offenses of infraction, deduction or elimination of correspondence (Article 616 of the Criminal Code) are determined when a person illegitimately appropriates the information contained in a sealed letter (infraction), or subtracts or illegitimately takes possession of a sealed letter, not addressed to him (deduction), to know or make known to third parties its content, or destroys and eliminates (elimination), completely or in part.

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If such an action is not considered unlawful, such a crime is punished by virtue of another law, with the arrest of up to one year or a fine of between 30 and 516 $.

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If, without any reason, the offender discloses all or part of the correspondence, he comes with arrest up to 3 years, if his gesture causes damage but the action committed is not considered as a more serious offense.

The aforementioned offense is punishable by lawsuit of the injured party. Our legislation regulates everything that is considered correspondence, such as letters or other communications made through electronic and telematic means, it is the case of mails and telegrams.

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Manslaughter

The culpable homicide (article 589 c.p.), is determined when an individual causes the death of someone and does so in a culpable manner. Such a murder is punished with arrest from 6 months to 5 years.

On the other hand, when a homicide of this kind is committed by violating the regulations governing road traffic or the precautionary rules for work accidents, one is punished with the arrest of one to five years.

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In the case in which the negligent homicide causes the death or the injuries of one or more subjects, the punishment is multiplied three times, but it can not exceed 12 years.

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Corruption, embezzlement, official defect, renunciation or omission of official actions

In the penal code, different situations of corruption are highlighted:

Corruption for an official action, art. 318 c. p. , in which an official carrying out his duties as a civil servant collects, for himself or for third parties, a gain or other interests which are not due to him. He is punished with arrest from 6 months up to 3 years.

If, on the other hand, he earns a gain for an obligation activity that he has already completed, the arrest is up to one year.

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Corruption for an action that violates the duties of the office, art. 319 c. p. , in which an official who, by leaving or postponing an activity relating to his functions, or by carrying out an activity contrary to his official duties, collects gains or other interests for himself or for third parties. He is punished with arrest for 2 to 5 years.

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The penalty is exacerbated, art. 319 - bis c. p. , if such unlawful activity is connected to the allocation of public employment or pension payments or drafting of contracts concerning the administrative institution to which the official refers.

Corruption in judicial documents, art. 319-ter c.p. , when the circumstances highlighted in articles 318 and 319 c.p. they are conducted to favor or damage an individual involved in civil, criminal or administrative processes.

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You are punished with arrest for 3 to 8 years. If such actions result in an unjust punishment with the arrest of the person involved for a period of no more than 5 years, the sentence that provides for the detention of 4 to 12 years applies; if a prison term of more than 5 years is determined or even life imprisonment is foreseen, one is punished with arrest from 6 to 20 years.

For the corruption of a person assigned to a public employment, art. 320 c. p. , the same provisions as in art. 319 and 318, as regards the subject that covers public employment. In this case, the penalties decrease by no more than one third. Sanctions for those who corrupt,

art. 321 c.p. , are those established by the first paragraph of the art. 318, in the art. 319, in the art. 319-bis, in article 319-ter and in art. 320 c.p. with reference to the aforementioned circumstances of the articles 318 and 319 of the Italian Civil Code, and are valid for those who assure the public official or person carrying out a public office cash or other profits.

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Incitement to corruption, art. 322 c.p. , occurs when a subject guarantees cash or other profits that do not belong to a public official or to a public office, to press him to carry out an activity concerning his occupation.

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If such a concession is not accepted, the penalty established by the first paragraph of art. 318 of the Italian Civil Code, is reduced by one third. If the concession granted to urge a public official to omit or postpone an activity related to his employment, or to carry out an activity contrary to his obligations, if such a concession is not accepted, the punishment for the offender established by art. 319 of the Italian Civil Code, is reduced by one third.

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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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