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We can define crime as a human attitude, manifested by an action or omission, sanctioned by the legislative system as it contravenes the law itself as well as the legislative protection of legal assets (property or non-pecuniary), through a specific accusatory rule .
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The crime, from the formal point of view (or the law) is a legal action expressly presumed by the regulation (element of legality) to which a conviction is connected, as a consequence.
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Therefore, from a structural point of view, crime is an attitude imputable to a given subject (element of materiality) that contravenes the legislative protection of a given good (with an injury, or sometimes by a threatening gesture) that is condemned with a penalty commensurate with the importance of the preserved good, in which the aforesaid punishment is functional to the re-education of the responsible subject.
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The crime, presumed, regulated and condemned by the legislation presents elements of difference with respect to the civil or administrative offense, in terms of the type of sentence expected.
Crime consists of these three basic elements, in the absence of which an action can not be defined as illicit: the gesture (attitude of the subject, conjuncture and causal relationship between gesture and attitude), responsibility (imputation to the individual of the gesture that ends with a pronouncement of responsibility), non-compliance with the law (contrast between norm and gesture) (tripartition different from the bipartition precisely because the crime is anti-juridical) Taking this into account, the crime is the illegal criminal action, that is to say failure to comply with a law that provides for one of the penalties listed in Article 17 of the Criminal Code: killings: life imprisonment, imprisonment and violation, breaches: imprisonment and pecuniary penalties.
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The aforesaid classification assumes relevance in terms of adoption for the idea of personal assignment of fault (except in cases where the law provides different effects, the subject responds to the malicious offense, while in cases of non-compliance he is liable for culpable and malicious crimes ), the purpose (legal principle that does not apply to cases of non-compliance) and justifications or differentiating reasons.
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Non-compliances are often the result of police crimes, which are proof of the regulation of social life. They are a "mala quia prohibita" (bad because they are banned), that is to say that they can be condemned only on the changing needs of calm and protection of citizens.
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Instead, crimes are illicit actions that do not comply with the law that protects natural rights.
They are "mala in se" (evil in itself), that is to say that they harm goods already present. They conjecture the presence of malice, while the actions of non-observance are constituted by mere guilt.