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The jurisprudential doctrine, in a practically unanimous way, establishes that the not true notification of loss of a check perfects the crime of false accusation, since it is attributed to the beneficiary of the title, who could easily discover the account holder and return the model, the unlawful robbery or acquisition of stolen goods.
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Article. 581 c.p. it establishes that whoever strikes someone, if the gesture does not follow a physical or mental pathology, is sanctioned, with denunciation of the injured party, with imprisonment for up to six months or with a fine of up to six hundred thousand lire.
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Therefore, the blow can consist of an aggressive gesture that has no harmful effects. The psychic factor coincides with the conscious intention of beating someone.
The behavior consists in overcoming the ways of doing by performing body aggression on physical parts of the other subject.
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The action of malmenare, that is to beat, irritate, pound, beat and similar, is a specific way of acting and determines a peculiar behavior, where the barrel represents an illicit of conditioned character (the individual violation is instead of a free character) ; the injurious instruments can be ordinary (with hands, feet, etc.) or different harmful instruments (stones, clubs, lashes, tomes).
The fact coincides with the gesture, the illicit of beatings is simple behavior or form.
The consequences of the blow can be completely missing, or coincide with a perception of pain, a vasomotor regression without swelling or bruises, fear and irritation, which disappear quickly.
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The crime of strikes does not take place if it is an essential part of more serious offenses, such as sexual abuse (Article 519 of the Civil Code) or theft (Article 628 of the Civil Code).
For the crime of blows are adopted the exacerbations and the discriminating ordinary (Articles 61 and 62 c.p.); the crime itself is in any case punishable by denunciation of the injured party. Violation in person.
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The person responsible for the violation of a person causes any person to cause an individual injury resulting in physical or mental illness. Our legislation establishes four different types of injuries to the person: a) very light individual injuries: they are those that cause the injured party a pathology that does not last longer than twenty days and can be sanctioned to report the injured, does not require expertise by the doctor and is sanctioned with imprisonment from 3 months to three years. b) slight injuries to the person: those that cause the injured party a pathology that lasts between 21 and 40 days.
It is compulsorily punishable, the medical examination is necessary, the arrest warrant is discretionary and the punishment is the detention from three months to three years.
c) injuries to the heavy person: those that cause a disease or an inability to perform normal activities for over 40 days or the definitive breaking down of a perception or a part of the body.
It is punishable by obligation, the expertise is essential, the arrest warrant is discretionary, the punishment is imprisonment from 3 to 7 years.
d) very heavy injuries to the person: those that cause diseases that are undoubtedly or concretely incurable, the disappearance of sensory capacities, of a part of the body or an amputation that renders it unusable, the disappearance of the functions of a part of the body or the ability to reproduce , a definitive and heavy problematic of the word or the alteration or the definitive lesion of the face. It is punishable by obligation, the expertise and the arrest warrant are indispensable, the punishment is imprisonment from six to twelve years.
The instant in which the offense takes place corresponds to the actual assessment of the disease. The general intention is sufficient, and for this reason the motivation of the responsible person has no importance on the mental profile of the illicit; consequently, even if he wants to have fun, if from his gesture there will be wounds, in any case the illicit will subsist.
The robbery is condemnable to denounce the injured party, except for one or more more serious conditions.
Any person who commits the wrongdoing of robbery by entering a house or in another place used totally or partially by personal residence or its attendance, is sanctioned with imprisonment from one to six years and with a fine from 309 $ to 1,032 EUR.
In the same sanction there are those who complete the robbery, stealing the good from those who own it, taking it from the hands or the body of the individual.