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The crime consists of a behavior of the man, of a commissive or omission type, for which the law provides for a penalty, since this gesture is considered as contrary to the law where it represents an affront to one or more legal assets (which may be of patrimonial type or non-patrimonial) protected by the legislation by an ad hoc accusatory provision.

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On a formal (or regulatory) level, the crime consists of a legal case explicitly expected by the legislation (legality factor) to which the law attributes, as an effect, a punishment.

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On the organic level, therefore, the offense is that behavior of man ascribable to the individual (materiality factor) disrespectful of a good protected by law (by a damage or, in some cases, even by an intimidation) punished with a sanction related to the value of the protected property, in which the punishment has the task of re-educating the guilty party.

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The crime, expected, regulated and punished by law is different from the illegal administrative and civil action for the different types of punishment established.

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The fundamental factors of the crime (in the absence of which it does not exist) are: the action (human behavior, situation and causal link between the behavior and the action), the responsibility (individual incrimination of the action that ends with a verdict of responsibility), the opposition to the law (contraposition between the legislative disposition and the action) (principle of the tripartition that distinguishes itself from the bipartition precisely because of the existence of the inadequacy of the crime).

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According to this theory, the illegitimate criminal act constitutes a crime, that is the transgression of a provision that assumes as punishment one of the sanctions established by article 17 of the Criminal Code: murders: life imprisonment, imprisonment and fine, violations: catch and fine.

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This differentiation is remarkable from the point of view of the application for the principle of attribution of individual fault (except for different legislative prescriptions, one is responsible for crimes only as an intentional claim where in the hypothesis of violation one can be called to answer both malicious title is culpable), intention (legal factor not applicable to violations) and the grounds for defense or discrimination.

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Transgressions usually derive from so-called police crimes, an expression of the discipline of collective life. The latter are a "mala quia prohibita" (bad because prohibited), ie punished only in relation to the variable necessities of order and collective protection.

Offending crimes are crimes that infringe laws that protect natural rights.

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These are "mala in se" (evil in itself), ie harmful to an already existing good. They presuppose malice, whereas only the fault is necessary for the transgressions.