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Robbery, possession of illegitimate possession, purchase of stolen goods

Article. 624 p.p. (Theft) establishes that whoever takes possession of the movable property of third parties, taking it away from those who own it, for the purpose of gaining money for themselves or for third parties, is sanctioned with imprisonment from six months to three years and with a fine of 154 $ at 516 $.

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The robbery can be prosecuted on complaint by the injured party, except for one or more aggravating elements.

Anyone who commits the illegal act of robbery with entry into a house or in another location used totally or partially in private homes or in its vicinity, is sanctioned with imprisonment from one to six years and with a fine from 309 to 1,032 $.

The same punishment is applied to those who commit the robbery, stealing the movable property from those who possess it by removing it from the hands or body of the owner.

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The legislation then establishes that, where there are the following listed elements of aggravation, the punishment for the offense is the imprisonment from one to six years and the fine from 103 to 1,032 $:

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in the event that the person responsible, in order to carry out the robbery, enters or spends time in a house or in another place used as a home;

in the event that the manager resorts to violent acts or uses any dishonest instrument;

in the event that the manager has arments or drugs, without using them;

if the robbery is carried out with agility;

if the robbery is carried out by three or more subjects, or even by an individual, who is disguised or pretends to be a public official or a public service official;

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if the robbery is carried out on the load of passengers in all types of cars, in stations, in airports or piers, in hotels or in other places where supplies or drinks are provided;

if the robbery relates to goods that are in public premises or buildings, or in a confiscation or requisition regime, or used for need or for custom or for assignment to the public profession, or used for public works or for public use, protection or reverence;

if the robbery refers to three or more animals grouped in flock or pack, or on bovine or equine species, even if not grouped in flocks.

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In the event that two or more of the aforementioned conditions take place, or if one of these is accompanied by an ordinary situation of aggravation, the punishment is three to ten years imprisonment and the fine from 206 to 1,549 $.

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Some cases of robbery are punishable on complaint of part, and the punishment of the detention up to a year or the fine up to 206 $ is adopted. These cases take place:

when the person responsible has completed the action with the sole aim of temporarily using the subtracted asset, and the latter, after its short duration use, has been immediately returned;

when the robbery has goods that are worth little, to satisfy a difficult and immediate need;

when the robbery is accomplished by research, inspection or exploration in the land of others, whose fruits have not yet been fully harvested. Instead, there is the presence of a wrongful deportation (Article 646 of the Criminal Code) when a person, in order to assure an illegitimate gain for himself or to others, takes possession of the money or the movable property of third parties of which he has, in any way, the property (to be considered as simple possession).

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The aforementioned offense is sanctioned, on complaint by the injured party, with imprisonment for up to three years and with a maximum fine of € 1,032. If the action concerns controlled assets as mandatory custody, the penalty is heavier. It continues officially, if some particular aggravation conditions are needed.

Quite different is the case consisting in the acquisition of stolen goods (Article 648 of the Criminal Code) which occurs if someone, in order to assure himself or a third party a profit, buys, collects or hides cash or assets derived from the completion of an illicit, or in any case intervenes to make them buy, collect or hide.

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This offense is prosecuted with imprisonment from two to eight years and with a fine ranging from 516 to 10,329 $. The punishment is imprisonment for up to six years and the maximum fine of 516 $, when the gesture is of specific inconsistency.

The unlawful acquisition of stolen goods also occurs in the event that the person who committed the crime, from which the cash or assets derive, is not incriminable or condemnable, or if there are no conditions of prosecution connected to this crime.