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PROCESS FOR AN UNDERTAKING MINOR

The current Italian penal legislation assumes that all offenses committed by minors are assessed by certain legal entities, with procedures different from the ordinary ones and with the implementation of more tolerable sentences of the same type. At the continental level, while, legislation has gone beyond applying even different types of convictions.

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In Italian legislation, however, it should be emphasized that the court for minors is formed by a collective Judge Representative, which includes two magistrates (one of appeal, who holds the role of president of the order, and one of the court) and two honorary judges (laymen), a man and a woman, meritorious for assistance at the social level; PM s duties are carried out in the trial of the first degree by the Public Prosecutor before the juvenile court and such an institute uses a qualified police unit with a particular skill and professionalism.

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The criminal process for the minor has the following characteristics: the main purpose of re-education of the minor; the lower offense of the trial on the child; the severe defense of the child s integrity and integrity.

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Such attributes are achieved by the same subject (see Presidential Decree 448/1998) with some correction that prevails over the ordinary criminal procedure such as the institution of the inconsistency of the crime, which allows the acquittal of the sentence, the non-applicability of the matter on evasion, the conduct of closed-door trials, the prohibition to disseminate or propagate information or photos of the minor, the implementation of a particular criminal record, and the testing of the minor, which if resolved positively results in the cancellation of the offense.

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THE DIFFERENCE THAT INVOLVES BETWEEN THEFT, SCAM

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Such crimes are all against the asset asset; some of them are carried out through mistreatment of material objects (theft, Art. 624 Penal Code ss), others through mistreatment of individuals (robbery, Art 628 Penal Code, extortion, Art 629 Penal Code), and others through scam, Art. 640 penal code ss).

We note, therefore, that the thing at the legal level defended mainly is the asset asset; when we are faced with robbery, the integrity of the person is also defended, but when we are extorting both the integrity of the person and the ethical and moral freedom are protected.

Article. 624 of the Criminal Code clarifies the criminal type of theft by establishing that every person takes possession of the other s movable property, stealing it from those who possess it, for the purpose of gaining for himself or for others.

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Article. 628 of the Criminal Code, while establishing that the robbery is carried out by any person, to ensure to himself or to other people an illegitimate gain, through mistreatment or intimidation of the subject, seizes the other s movable property, stealing it to those who It owns.

The behavior of the two crimes is very similar: both provide that someone must take possession of other people s property stealing it from those who own it (the owner of the property can also be a different subject from the owner, for ungodly: the cashier of a bank robbery of money of its customers).

The two crimes, however, differ primarily because the behavior implemented by the robbery provides an "outrage to the subject" or "intimidation" and, second, because the theft is enough to achieve the purpose of "gain", instead for the robbery the goal reached is that of the "unjust gain".