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The unlawful slander is governed by Article 368 of the Criminal Code, according to which:
"any person, with complaint, sued, or on appeal, even if anonymously or under no real name, addressed to the judicial authority or to any other authority that has the duty to communicate, accusation of an unlawful someone who knows he is not guilty, or accuses him of unlawful misconduct, is convicted with arrest from 2 to 6 years. "
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The sentence is lifted if someone is accused of an offense for which the legislation sanctions the sentence of arrest up to a maximum of ten years, or another more heavy sentence.
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The arrest ranges from 4 to 12 years if the event comes from a prison term of more than 5 years, it is from 6 to 20 years, if a life penalty comes from the event.
The law condemns the conduct of the person who, with denunciation (at a general level) addressed to the Judicial Authority - or to any other authority that has the duty to communicate - pretends to be illicit, or accuses someone of an unlawful act of conscience innocence of the same.
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The terms of formal slander and material slander are used to differentiate the two different types of offenses governed by the law (exhibition of denunciation or fiction of an offense).
If someone is to be blamed someone must have committed an offense, be it murder or fine.
It may also concern a previously unlawful wrongdoing, that is, a wrongdoing committed by other persons.
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A fundamental requirement to accuse someone of a crime is that the accused be reported with name and surname, that is, with various useful information to recognize him.
It is a common opinion in the jurisprudential discipline that, in order to present the wrongdoing, it is sufficient that the denunciation or the simulation be suitable for carrying out a criminal procedure. This assumption is almost always provided in the slander in implementation of the generic requirements of necessary damage to the safeguarded interest and illicit impossibility.
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The false accused does not necessarily have to be the same agent, in such circumstance it would end up in the different type of nmv.
It is also expected that the person slandered is not condescending to the unfounded denunciation; in this circumstance the participation in the different illicit of nmv would still occur.