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The term criminal association refers to an offense against the public administration, regulated by art. 416 of the penal code of our legislation. With the Law of 13 September 1982 n. 646, mafia crimes, then mafia, camorra, n drangheta, sacred united crown, and so on, are governed by art. 416 bis of the Penal Code.

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One of criminal association is when "Three or more people are associated to commit more crimes ...". The main characteristics for what concerns the aforementioned offense are:

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the firmness of the agreement, therefore the existence of a relationship of association destined to persist in time even after the individual crimes that were in the intentions of the association have been completed.

This solidity gives the crime a permanent character, hence the presence of a criminal intent aimed at carrying out an indefinite series of offenses. If only one crime is committed, the aforementioned matter is not included.

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A part of the jurisprudence also includes the existence of a third requirement, in the sense that the association must possess an "organization", even if limited, but adequate and suitable for the purposes to be implemented.

With regard to the aforementioned theme, however, there are no homogeneous judgments: for one part it is not necessary that there be a real organization; for others, however, there is a need for a real hierarchy and precise rules within the association.

Finally, again in jurisprudence, it has been highlighted that the existence of a "rudimentary" system is sufficient.

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Criminal association is combined with the crimes of essential competition and has similarities with the participation of persons in the crime, said eventual because it refers to the mono-subjective type; putting aside all this the two systems must be explicitly differentiated. Because, while in the competition of two or more subjects, the planning takes place to commit one or more well-defined crimes, after the implementation of which the association is dissolved; in the criminal association three or more subjects plan a stable and solid structure to commit an indefinite series of crimes that apply the criminal intent of the association, and all the components remain united for the subsequent crimes that fall within the association s purposes.

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On the basis of this, the criminal association is punished only inasmuch as it exists and there is an agreement, presenting itself as a real exception with regard to the ordinary penal norms.

Theft is a criminal offense against the assets regulated by art. 624 of the Penal Code. This provision has undergone changes in recent years.

By virtue of the law 205/99 our law has modified the norm of procedibilità, from the so-called official procedure to action of the offended person; by virtue of the 128/01 law, the infamous "Security Package", our legal system has extended the minimum edictum, previously unforeseen and established by the legal matter in a short time, which at present is 6 months. The interest protected by the law inherent in the crime in question is the movable property that belongs to others. In this sense, both the jurisprudence and the legal system identify a damage to the interests of those who own a property even if, instead, many are of the opinion that the theft is only a violation of property: in fact, the crime sometimes it does not cause damage to the landowner, especially if at the same time the same is not the owner.

The right of a complaint is therefore due to the owner. The subtracted good is necessarily a movable good. In this sense, every physical and material thing is classified, different from the living or dead person, which has the peculiarities of cosmic definedness and a self-sufficient life and, therefore, able to satisfy every human need both moral and physical and represent a patrimonial interest.

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The asset must also possess exchange value both in monetary and affective terms. Among the movable goods we also find the various types of energies such as electricity, heat and gas, as long as they constitute a form of theft to other subjects.

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The radio waves in clear, warned by all, do not constitute a type of theft; there are different radio waves related to the computer system, even if not protected by password. The jurisprudence considers that the Internet connection through wireless networks without security codes, the use of which is managed by third parties, regarding agreements and contractual agreements with Internet service providers, constitutes a crime of theft.

Hence, it is recognized that real estate does not involve the scope of the same crime, but is regulated by other legal institutions.

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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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