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The crime of unjust subtraction (Article 646 of the Italian Criminal Code) occurs when a person steals money or property from third parties whose owner or mere owner is in order to obtain illicit profits for himself or for others.
The penalty for this crime, following the report of the kidnapped, is a prison up to three years and an administrative penalty of up to 1.032 $.
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When the theft concerns assets held under compulsory protection, the penalty is exacerbated. The ex officio procedure is necessary in case of aggravating circumstances.
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The crime of receiving stolen goods instead (Article 648 of the Criminal Code) takes the form of a person acquiring, procuring and for the purpose of securing for himself or a third party, buying, collecting or hiding money or goods obtained by committing an offense, or however it contributes to their illicit acquisition, collection or concealment.
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All this to achieve illegitimate profits for themselves or for others. The receiving can be punished with imprisonment from two to eight years or with an administrative sanction from 516 to 10,329 $. When the action is particularly unfounded, the penalty consists of imprisonment up to six years and an administrative fine of up to 516 $.
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We are talking about receiving stolen goods even when the agent, who holds the money or the assets, can not be charged or sanctioned, or if there is no criterion for which the offense can be prosecuted. Civil responsibility.
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This is a very complex juridical figure, made up of multiple circumstances and cases: the responsibility is also configured in the case of non-fulfillment of contracts or in the case of intentional or involuntary unlawful acts (eg non-professional); these cases, although they present different theoretical and objective elements, are both characterized by the active conduct of the subject that affects a third party, which has the right to obtain compensation for the injuries suffered, recognized by law.
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Contracts and charges are elements that must be included in the sphere of civil law. However, they must be analyzed in a specific way, precisely because they represent fundamental elements also on the economic level, especially today. Condominium law.
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All the tenants of a condominium have had problems at least once. In fact, the condominium cohabitation has many complications, and sex a small dispute can turn into a trial before the courts, so it is always useful to contact a lawyer to request assistance and opinions, or to proceed to the objective and conscious verification of the validity of the appeals or claims of the tenant who claims that he has not been able to exercise his rights (typical is the case of disputes regarding parking, ordinary maintenance costs or extraordinary maintenance actions, etc.).
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The charge specifically constitutes the individual right of a natural or legal person to guarantee the performance of the functions of other persons. More simply, we can define the burden as a constraint that binds one subject to another, for the purpose of providing a specific service; for example: the creditor to whom liquidity is due, granted by the debtor; the holder to whom the employee s work performance is due, or the worker whose salary is due.
At the base of the burden there is a contract, which is the agreement between two or more parties for the purpose of the discipline of the patrimonial relationship born between them. Contracts characterize most of our daily actions, such as the purchase of goods in a shop, or sales, transfers, rent, licenses, transfers of people or goods, insurance; and yet the contracts stipulated in the bank, such as the delivery of money into the bank and the current account, which we all have. In some cases, the contractual relationship between the two parties may not be fair and therefore disadvantageous for one of the stipulating parties. At this point the person who does not see his rights recognized in the contract is addressed to the user guarantee institutions, asking also opinions to his lawyer.
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In It, a country in which compared to other States, atypical payment methods are more widespread when trades are traded (think of payment in installments, or the expiry date with the notes received at 30, 60, 90 days, o exchange letters, all types not used in other countries); the aforementioned methods of payment in installments often give rise to delays or lack of compliance by the debtors.
Obviously, in these cases it is necessary a reminder letter drawn up by the lawyer, which serves the creditor to get back the money that is due to him, and which is a valuable tool that avoids resorting to judges and therefore being forced to respect the delays of judicial process.