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The injustice always concerns the judgment that one has of another subject. The communication to more people, namely the enunciation of words or offensive actions to a minimum of two people, who must immediately understand that this is an injury.

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Crime occurs when the people present include the act of insulting.

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The doctrine and judicial interpretation believe that the communication of offensive news through the use of the internet represents an aggravating factor of the crime regulated by art. 595 paragraph 3 c.p.

Who carries out the offense has the clear intention to harm the respectability of a person even if it is limited to entering information on the internet.

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Especially in cases of crimes of insult, it is known that it is configured even if the communication of news to more people or their understanding of them are not concurrent (to communication) and the system (among them), because who receives such news can also be very far from those who perform the injustice.

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Moreover, when the crime of abuse is expressed through the use or even the creation of a website, it is clear that the recipients are potentially indefinite and infinite. Therefore, the fact of communicating through a website that is detrimental to the esteem of a person, is an aggravating factor in the cases referred to in art. 595 c.p. (third paragraph, which regulates the injustice committed by resorting to other means of dissemination).

Therefore, even for this specific case of injury there are heavier penalties for those who have committed the action.

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False accusation. Article 368 c.p. establishes punishment for "who, with notification, remonstrance, petition or appeal, even if not known or with false name, addressed to the magistracy or other bodies responsible for receiving the communication, accuses of a crime a person not responsible at all, or recomposes evidence for the purpose of blaming him, a prison sentence of two to six years is imposed.

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The penalty is heavier if the accusation concerns a crime punished by the penal code with a minimum of ten years in prison or with even more serious penalties.

The sanction includes imprisonment from four to twelve years, when the crime is related to a detention of more than 5 years; it is from six to twenty years, when it is instead related to the life sentence.

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Regarding the psychological aspect, two fundamental elements are the awareness of the action and the will to accuse a person of a crime that he never did.

The jurisprudence, in accordance, has decreed that the crime of false accusation is configured even in case of false communication concerning the loss of a check, as the beneficiary of the same is thus accused of theft or receiving stolen because very easily could find the account holder.

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According to the art. 581 c.p., the person who injures someone must be punished with imprisonment for up to six months or with a fine of up to six hundred thousand lire, always after the act of denunciation of the injured and always if the action has not produced physical or mental illnesses.

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Therefore, the beating can occur with a violent action that does not involve serious consequences. The mental element is represented by the consciousness and the will to strike a subject. The conduct is represented by the overcoming of the de facto mode, thus manifesting the violence on the body of another person.

The mistreatment, that is the beatings, violations, beatings, blows and so on, is a particular mode of action, because the blows are configurable as a subordinated crime (the individual injuries on the contrary are self-contained crime); the action can be performed by ordinary means (hands, feet, etc.) or damaging objects (stones, clubs, sticks, tomes).

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The fact is represented by the violent gesture, the crime of beatings is a crime of mere conduct or formal. The beat may in fact have no effect, or it may result in the sensation of pain, a vasomotor regression that does not involve swelling or bruising, fear and disdain, all easily curable symptoms. There is no crime of beatings when they are included in heavier crimes, such as sexual abuse (Article 519 of the Civil Code) or robbery (Article 628 of the Civil Code).

The crime of beatings is subject to ordinary aggravations and discriminations (Articles 61 and 62 of the Civil Code); it can be punished if reported by the person who suffered it.

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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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