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The unlawful who, in order to allow third parties (specific intention) not to pay taxes on income or VAT, puts in circulation or grants receipts or other documentation for unforeseen tax transactions. The behavior of the malicious type can be configured without delay as illicit, without considering the use or otherwise by the individual who receives the counterfeit receipts.
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In fact, the offense occurs at the time of distribution or release of the first counterfeit receipt; the cancellation of the offense occurs from the distribution or from the granting of the last falsified receipt.
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In the national legislation the fraud is an illicit established by the art. 640 of the penal code and is a type of illicit nature of a conditioned nature. It consists in an act of cheating that can lead the injured party in error through deception and fraud to persuade it to perform actions of a patrimonial type that lend it and benefit the injunctor or other individuals, assuring to these a gain related to the offense caused to the aggrieved party.
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"Who, through fraud or deception, leading someone in error, assures to himself or to third parties an illegitimate gain with someone else s offense, is sanctioned with imprisonment from six months to three years and with a fine of fifty-one to one thousand two hundred two. of imprisonment from one to five years and a fine from three hundred and nine to one thousand five hundred and forty-nine $: 1) if the action is carried out to the detriment of the State organs or other public bodies or with the alibi of exempting someone from military service [cpmp 162, 32quater], 2) if the action is accomplished originating in the aggrieved party the fear of a non-existent threat or the wrong certainty of having to implement a provision of the Authority
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The offense can be prosecuted by the injured party, except that one of the conditions presumed by the preceding paragraph occurs or another condition of aggravation is a general and circumstantial malice, that is, when the harmful action for the injured art and advantageous for the culprit.
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It is punishable by a party complaint provided that one of the aggravation conditions established by art. 61 C.P., in which case it is punishable ex officio.
Then, two specific aggravation conditions are awaited that cause the illegality to be prosecuted also in this form: if the deception is to the detriment of the State organs or other public bodies, if it is done causing the feared part of a non-existent threat or the deceptive belief of having to implement a provision of authority.
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Specific hypotheses of an independent nature are presumed, that is, the acute fraud for obtaining public concessions (Article 640-bis of the Italian Civil Code), the IT fraud (article 640-ter CP) and the insurance fraud (article 642 CP).
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Today (starting January 1, 2010 in our country) you can start a collegiate case (class action) in the hypothesis of fraud that affects a group of subjects who have a collective offense right . Deception concerning physical subjects.
The deception to the detriment of the individual subjects, such as those aimed at society, consists first of all in identifying the frailties of the injured party (physical, mental, financial, pleasures and individual propensities) acting in three stages: unlawful discovery of personal data (personal data) , health, daily vices, age), with telephone conversations, chase or interviews with neighbors pretending to be public officials, acquaintances, repair technicians.
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Use of data to decide the type of fraud that is most in line with the injured party. Decision of the period and the most suitable environment, often a time when a condominium building or a neighborhood are less alive or in which the injured party is alone in their own home, or if in the street, pretending an urgent circumstance (eg a left).
The most frequent frauds are often addressed to single individuals, often retired but also to those who live in a state of malaise, infirmity or who are not able to understand and want (deception of inability), therefore less attentive to external risks.
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The cheater can resort to the goodness of an individual for different purposes: obtain confidential information without the consent of the injured party (non-compliance with privacy) to resell the information received to third parties.
Get money in exchange for unrealistic goods or supplies. Get the signature for an agreement - halter under the pretext of obtaining signatures for an application. Enter the homes of others and take possession of valuables, encouraging the carelessness of the injured party with the support of a conniving person.