What is the crime, the personality of the criminal responsibility and the types of crime Guides to criminal law
A crime is defined as voluntary human behavior, which takes the form of an action or omission aimed at harming a legally protected asset and to which the legal system triggers the imposition of a penalty (penal sanction).
Lart. 27 of the Constitution states that? the criminal liability? personal?. The regulation therefore protects the principle of the personality of the criminal responsibility for which, the strictly personal nature of the crime, implies that no one can be held responsible for a fact committed by other persons.
From this principle it follows that all natural persons can be considered active subjects of the crime (the age, the situations of psycho-physical abnormality and the immunities do not exclude the existence of the crime but affect only and exclusively on the applicability or less penal sanction) and therefore subject to the penal sanction while juridical persons are excluded from criminal responsibility.
The second and third paragraphs of the art. 27 provide that respectively? the accused is not considered guilty until the final conviction? and that ene the penalties cannot consist in treatments contrary to the sense of humanity and must tend to the rehabilitation of the condemned person?.
In order for a behavior to be considered unlawful and to integrate offenses, it must be contrary to the rules of the legal system. But that’s not enough. To have a crime, the following circumstances must occur: voluntary behavior by the active subject (offender), existence of the psychological element (intent or fault), causation (linking the active behavior of the subject acting on the occurrence of the event) detrimental) and the inexistence of certain conditions that could determine the modification of the behavior from illicit to lawful (the so-called discriminating causes in the presence of which the contrast between a fact conforming to an incriminating case and the entire legal system is lost).
Depending on the behavior of the agent, we can distinguish the committing crimes (the event occurs due to an active and voluntary behavior of the agent that causes an injury to a legally protected asset) and the omissive crimes (the damage is realized following an omissive conduct by the agent). For this last hypothesis, it must be said that the Order, among its general rules, requires those who are in certain situations to act in a certain way. Pursuant to the provisions of the second paragraph of the art. 40 cp? not to prevent an event, which had the legal obligation to prevent, is tantamount to causing it?. The active subject of the crime therefore commits a crime by omission when he is in one of those situations (established by the Order) and, with his behavior, contravenes these provisions and, from his conduct, suffers an injury legally protected. Its omission therefore integrates a crime and determines the application of a penal sanction.
The offenses of omission in turn are distinguished in their own (or of pure conduct and consist in the non-fulfillment of the commanded action, for whose existence there is no need for the occurrence of any material event) and improper (or commission by omission and consist in the failure to impediment of a material event that one was obliged to prevent.
The crimes can then be divided into municipalities or their own. The former can be committed regardless of any subject, while the latter refer to specific persons who hold a specific qualification (eg public official in crimes against the PA). In this latter type of crime there is therefore a close connection between the fait accompli and the quality covered by the person who puts it into practice.
Depending on whether the asset legally protected is injured or simply offended, the offense of the active subject can take two forms: injury or endangerment. On the basis of this distinction possibile then it is possible to further distinguish two types of crimes: damage (it is necessary that the good has been destroyed and / or damaged) and of danger (for the existence of the crime it is enough that the good has only been threatened).
Finally, depending on the penalty provided for by the law, crimes are divided into crimes (crimes punished with life sentences, imprisonment and fines) and offenses (crimes punished with the penalties of arrest or fine).