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In fact, this regulation is governed by various "corrective" regulations designed to allow the lawsuit to be effectively exercised by minors and those who have been banned (see II and III, article 120 of the Civil Code).

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The offended person is the subject who has received damage to the offense but is not responsible for the legal interest defended by the law that regulates that unlawful act.

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To clarify this it is useful to use an example: in the crime of false public the injured party is the one who received damage caused by the forgery, but the Offended Subject is only the Public Administration because the Legislation with certain crimes has preferred to ensure the common interest in the fidelity of deeds (in this regard, see Cass. SSUU No. 46982/2007).

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Even if in many circumstances the subject injured by the illicit is also the subject injured by the illicit, the difference is fundamental because there are consequences; for example, the injured person has no right to a lawsuit, to be informed of the request for dismissal of the case, however, however, he can declare himself a Civil Party.

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The remaining analyzes concern, in fact, the sector concerning the Civil Part; Art. 76 criminal code is very explicit in clarifying it: "the activity at the civil level in the criminal trial is explicit (...) through the declaration of the civil party".

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Therefore, it is part of the criminal process (reference difference between procedure and criminal trial) and explains the rights expected by the subjects of that procedure; the offended subject is the person to whom the legal patrimony safeguarded by the Legislation has been damaged, instead the damaged person is the one that has received the damage of his / her own patrimony; for the most part Offended Subject and damaged subject are the same person and both can actively take part in the criminal trial by declaring themselves a Civil Party.

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The subject under investigation is not aware of being investigated from the beginning of the same investigations.

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In some cases, for example, investigations are carried out by unknown persons, in others there is a need to keep the secret.

The PM, in reality, does not have the legal constraint to immediately communicate to the subject under investigation: such a constraint arises when it is useful to take actions for which the assistance of a lawyer is expected, and it is dissolved with the notification of the guarantee notice.

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Such notice is regulated by the art. 369 c.p.p., and is expressed in a written note sent by registered mail with the PM both to the subject under investigation, both to the injured party, and has the purpose of ensuring the right to defense.

With the warranty notice, in reality, the PM informs the person investigating him against an event considered legally as an offense.

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Such a guarantee notice must include the violation of legislation, the date and place where the offense took place and the appeal to appoint a defense lawyer. If the investigated person does not appoint his lawyer, the PM asks for an ex officio.

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The law n. 60 of 2001, inserted a recent guarantee expected by art. 369 bis c.p.p .: concerns the information of the subject under investigation on the right to defense.

The PM, in relation to the new proposal, when it must take the first action to which the defense lawyer can take part, must inform the person investigated the name of the lawyer and give it all the information necessary to ensure in all and for all his defense.

Such notice is expected to invalidate the following actions and informs the investigated person of all the restrictions and rights related to his defense. It must include:

the communication of the defense obligation during the criminal trial; 2. the name of the defense lawyer and his domicile and telephone number; 3. the communication of the right of appointment of a trusted defense lawyer with the warning that, if there were not, the person under investigation will be defended by an attorney of the office; 4. the notification of the obligation to pay the lawyer ex officio, unless the investigated person is not defended freely; 5. the communication of the constraints to obtain the free defense for the non-tenants.