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DIFFERENCE BETWEEN CORRUPTION AND CONCUSSION
Corruption and prevarication against Public Administration of Public Officials (Art. 357 c.p.) or by those responsible for a public function (Article 358 of the Id Civil Code).
In some cases, there is the involvement of the firm of the latter (concussion).
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Specifically, the concussion is regulated by the Art. 317 p.p. and it is carried out by the public official or the person in charge of a public function who, by taking advantage of his office or his authority, obliges or persuades someone to grant or illegitimately grant him or to third party money or other profits. (To Article 1 of the Criminal Code), to be omitted or postpone or for having omitted or deferred an action of his functions , obtains, for himself or for a third party, in cash or other proceeds, a reward that is not enough to him, or consents to the guarantee.
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As we know, in the prevarication the public official or the person in charge of a public function, he is a man offering his money or other income for the purpose of having him perform a function of his profession or gesture against the burdens of the office.
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The legal body has also presumed conviction of the corrupting person (see Article 322 of the criminal code), and for the inculcator of the corrupting gesture, ie private subject that grants, donates or securities cash or other income that is not a public function or a person in charge of a public function.
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Subsequent discrepancy, to conclude, is that the person responsible for the office of public service (see Article 320 of the Criminal Code), where the public official is always prosecutable.
Negligence consists in the indolence, unconsciousness or inexperience of the manager, or in the failure to comply with rules, regulations, rules or regulations.
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The culpable crime (Article 589 of the Civil Code), therefore, takes place when a person, through negligence, causes the death of a person. In this hypothesis, those who commit the illicit act, were not aware of the effects of his gesture.
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The involuntary nature, on the contrary, occurs when the perpetrator comes from the act or lack, and therefore goes beyond the will.
Unintentional murder (Article 584 c.p.), therefore, is accomplished when an individual, acting with the purpose of hitting a subject, or causing injury, unknowingly causes his death.
Therefore, where in the culpable offense the circumstance is not desired by the manager and takes place through negligence, in the involuntary homicide, the circumstance that develops is more difficult than that desired by those who act.
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Lastly, the proof (Article 56 of the Criminal Code) occurs when an individual commits legitimate actions, unambiguously aimed at carrying out a murder, but is not committed because the individual has not taken place. , or because the gesture was not committed.
The proven murder, therefore, is in the case where an individual commits legitimate gestures, in a non-obscure manner to the order of the compound ordered by the art. 56 p.p. and the art. 575 p.p. The differences between the three crimes, therefore, these are: in the crime of the culpable homicide the death of an individual is caused but the person in charge did not intend to kill him (for example, when a passer-by is invested); in the crime of involuntary homosexuals, but in this case, the guilty party only wanted to cause her injuries, not to kill her (eg assault terminated accidentally with the death of the injured party); in the crime, on the contrary, no one dies, even if the guilty in this circumstance intended to assassinate the persecuted and tried to do so with skillful gestures (eg multiple stabbing of a subject).