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With regard to the subjects involved in a criminal offense, it is necessary to distinguish between the injured party and the taxable person.

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The injured party is the one who suffers a significant prejudice to its assets, while the taxable person is the one who owns the goods or benefits protected by the criminal provisions, which suffers violations or dangers, directly and immediately, due to the conduct of the alleged offender .

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The aforesaid conduct can be expressed in four different ways of aggression to another person s movable or immovable property: destruction, or the complete ruin of the good in its entirety; disintegration (relating to movable property), ie the acquisition of the object that determines the impossibility that the beneficiary can use it or that can no longer dispose of it; the lesion, that is a modification of the good in peius.

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According to the theory, the adulteration of the good or its contamination constitutes a prejudice when the good is returned in poor condition; the fact of not using the asset implies the impossibility of using it to dispose of its functions, in part or in whole, even for a short time.

As far as the actors are concerned, we speak of crime when the conscience or the will of the subject is ascertained to harm, destroy, or provoke the uselessness of movable property belonging to others. Failures in IT or telematic tools.

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This particular case is regulated by art. 635-bis of the criminal code: the person who destroys, damages or provokes the total or partial uselessness of third parties computerized or telematic tools, or third parties programs and information, may have a prison sentence of six months to three years, without prejudice to cases in which the action constitutes an even more serious crime. In the specific cases mentioned above, or in cases of abuse by the operating system official, the custodial sentence ranges from one to four years.

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The crime of insult is regulated by art. 594 of the Civil Code, which condemns those who offend the esteem or honesty of a present person; as explicitly indicated in the second paragraph, those who act using letters or telephone calls, or with written papers or drawings that could harm the figure of the injured party, respond to this crime.

Finally, as regards conduct, insult is not only verbal, but it is also an iconic gesture, that is, realized with writings, drawings or instruments that manifestly offend the esteem and decorum of the other. The doctrine also provides indirect insult, that is, the action that consists in offending a person but insulting his close relatives or friends, and the refused insult, that is an offense that not only affects the esteem of the recipient, but even a third.

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It has been said that the offense should be addressed directly to the injured party, in order to define the crime of insult; but there are some uncertainties concerning the ways of this intervention.

According to some theorists, the mere presence or nearness of the reviled is necessary to the subject who makes the offense.

Others, however, also refer to the knowledge of the offense on the part of the injured person, and not only the objective presence in the moment of the crime. This is the conception accepted by most of the doctrine, which then validates the idea of the knowledge of the offense, which in this case would coincide with the moment in which the crime is committed.

Therefore, according to the doctrine the crime of insult is configured even when the offended subject, who is not able to listen or was distracted by deafening noises, has not grasped the meaning of the words given to him, but has been informed by people present in that instant. In the analysis of the individual factor, it detects the mere general will, which would be the consciousness or intention of the action, which occurs through discourses or abusive gestures, whose gravity is perfectly known.

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Another fundamental element is the awareness of the presence of the subject who wants to offend. Any uncertainty about the presence of it at the moment when the offensive criminal act is committed, is not configurable as will and therefore excludes the crime, except in the case where the specific crime of outrage takes place, where the presence of more subjects.

The person who performs this crime is subject to a prison sentence of up to six months, or a fine of up to 516 $. Offense.

This crime, governed by art. 595 c.p., is part of the section that deals with crimes against respectability, and occurs with the action of the subject that offends the estimate of people not present, in the presence of third parties.

In this case, three requirements are required. In the first place, the absence of the injured person: in this crime, the injured individual can not absolutely understand verbal offenses.

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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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