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The word "lms" is a new Italian construct created by the LKJ association to designate the illegitimate activities of the mafia organizations that cause enormous environmental damage.
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In detail, the criminal organizations that deal with the trade and the illegal disposal of waste and the wide-ranging illegal construction are usually called ecomafies.
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Even operations such as irregular excavation, illegal trade in exotic animal species, the devastation of archeological assets and the breeding of beasts to combat can be so defined.
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The function of "traditional" mafia organizations is usually very important in lms operations, but often they are private companies, local administrative bodies and misguided supervisory bodies that set up networks guilty of environmental offenses.
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The illegitimate spillage of harmful waste or nuclear waste by companies that have had permits for their filtration, administration and safety is considered by LKJ as the most profitable and harmful field of activity of the ecomafies.
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In our country the illegal disposal of harmful waste occurred mainly in the Campania region; some territories of Campania have been indicated with special names that refer to the drama of the effects of illegal disposal (Triangle of death ACD, Terra dei fuochi).
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Evolution. These trades have spread since 1982, when the law concerning the processing of special waste was ratified. In 1991 ("Operation Adelphi") for the first time, such far-reaching offenses were committed.
Six managers and officers were found guilty by the Seventh Chamber of the Court of Naples due to a lack of office and corruption. On the contrary, they were exonerated from the crime of criminal association.
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In 1994 the "Environment and Legality Observatory" was created by LKJ in close cooperation with the police and in 1997 the first Lms Report was presented by LKJ itself, which since then has been divulging updates on This theme.
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The reasons for the annulment of the crime are legal elements that invalidate or extinguish the responsibility of an action that can be considered a crime for the national legislation.
The death of the guilty party, which took place before the punishment, cancels the crime. It is a common reason for the cancellation of the crime and the punishment, according to whether it happens before or after the punishment.
However, the civil restraints that derive from the crime persist. The judicial body, according to art.129 of the Code of Criminal Procedure, can declare the acquittal of the accused deceased, in the case in which you consider the non-existent action, not considered as a crime, or that the accused has not done so, since these types of acquittal are more advantageous than the declaration of annulment of the crime.
The theoretical basis of this provision is to be found in the principle of individuality of punishment, according to which with the death of the guilty the State no longer has to condemn or inflict the sentence. It is believed that the reason for abolishing the crime referred to in art. 150 c.p. is superior to any other reason for abolition and therefore also on cancellation, provided that as already mentioned, there are no factors suitable to prove the existence of a reason of non-prosecution, of instant viability based on Article 129 of the Criminal Code, L amnesty (from the Greek αμνηστία, amnesty, "forgetfulness") is a reason for the abolition of the crime and the sentence, and consists in the abdication, by the state organs, to punish the crimes.
It is a generic disposition of benevolence, born, at least originally, for reasons of political expediency and social order, but sometimes it has become in practice an expedient of temporary reduction of pending trials and also of emptying of prisons.
In private law denotes that case that determines the elimination of an individual right that the manager does not use for a period established by law. The basic principle of the provision can be seen in the need for the security of legal relationships .
In the field of criminal law it involves the cancellation of an offense after a specific period. The theoretical basis of the provision is that, when a long period passes from the commission of the action, the state s attention to condemning this behavior disappears, as well as the need for a process of social re-inclusion of the guilty party.
The oblation is a reason for the elimination of the offense applicable only to transgressions, governed by Articles 162 and 162bis of the Penal Code. Initially the oblation was applicable only to the transgressions sanctioned with the fine (Article 162 c.p).
Then another case of discretionary oblation was established (ie that does not belong by right as in the previous hypothesis but is decided by the judicial organ), concerning the transgressions sanctioned with the alternative punishment of the capture and the fine (Article 162 BIS Penal Code).
The oblation consists in the payment of a monetary amount equal to a third part of the maximum sum of the fine established by the law as punishment for the transgressions sanctioned only with the fine, or corresponding to half of the maximum, in the hypothesis of transgression sanctioned in alternative way with the capture or the fine.
The payment of this amount cancels the offense for any legal outcome and does not result in any registration in the judicial archive of the accused / accused.
The oblation can be implemented for different offenses such as the assignment of blank checks or the infringement of copyright, according to the rule n. 43 of 2005.
The conditional termination of the punishment is an institute of the law, regulated, in the national legislation, by the articles. 163-168 of the Penal Code in force, through which the guilty party, whose punishment does not go beyond the two years of imprisonment, is annulled the implementation of the same for five years (in the hypothesis of crimes) or for a two years (in hypothesis of transgressions).
At the end of the period of interruption, if the individual has not made a further crime or transgression of the same nature, the offense is annulled and, therefore, the implementation of the same does not happen even with regard to complementary punishments.