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The jurisprudence has focused on this principle of supposition, making a distinction between abstract supposition (such as involuntary crimes, different from those carried out with voluntary actions: for example, ruby and subtraction) and actual supposition (concerning the concrete circumstances of the crime).
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Here is a concrete demonstration: if Tizio, Caio and Sempronius decide to commit a robbery to X goldsmithery and to Sempronio is assigned the task of staying out with the car in motion to escape after the robbery, for example, Tizio and Gaius during the theft action they kill someone, Sempronius will be guilty ex art 110 and art 116 of crime? It depends on various factors.
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If the subjects involved in the robbery used weapons, Sempronio was obliged to consider this danger; otherwise, in the absence of arms, the mental relationship is not relevant, as is the link with the crime.
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But the current set of jurisprudence is very careful about the definition of the criminal responsibility of the person, because the different conjunctures can be hypothesized as real or abstract. If Sempronio s conjecture of a different crime was exclusively abstract, it will not be held responsible; if instead the murder murder had been planned concretely Sempronio is responsible in all respects.
This crime can only be realized by the public official or the public official.
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The conduct of blame coincides with the grant or guarantee, to oneself or others, of money or non-patrimonial advantages, using its public role.
There are two crimes related to this behavior: concussion and oppression. Overpowerment is a limited mental coercion, that is to say, it includes the planning of an injury to the victim, who can decide to consent or to suffer the injury that has been threatened.
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The concussion instead coincides with actions of arrogance of the private, which are not at all connected to limited mental coercion (news, discretion, figurative revelations) but that act on the justification of the person, which manifests a condition of psychic subordination.
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The jurisprudence has lately developed the idea of "environmental incitement", that is the case in which the private individual commits the action not because of the persuasive conduct of the public body but because of the conviction of having to respect a customary practice, according to the which a given guarantee or conferment is the only way to persuade the administration to do its duty. The concussion belongs to the category of crimes of participation of the victim, which in fact actively intervenes in the manifestation of the actual case; in fact, if the conferment or the guarantee does not occur, the crime could not be configured.
There are cases where the only attempt is relevant, namely the commission by the public body of actions aimed at persuading to insure or benefit, but such insurance or gifts are not granted. The figure of the passive person from the cc to today.
According to the Italian Civil Code, the tax authorities could only coincide with public administration bodies; today, however, in light of the constitutional norms that decree the importance of the individual subject to the law, the passive individual can also be the concussion, which suffers a limitation of its right to independence and freedom and is harmed in its patrimonial integrity.
Concussion and fraud crime with aggravating circumstances. The deception with aggravating circumstances is manifested when the task or characteristic of the public official is relevant to the integrative level for the determination of the resoluteness of the passive entity, convinced with scams or arrogances to make a gesture deemed due.
The crime of extortion is configurable when the disproportionate use of the office or functions of the public official is the central and unique reason, which determines the persuasion of the passive individual to make illegitimate concessions. Crimes of corruption and own corruption.
According to the jurisprudence, the main difference between the two cases, not easily identifiable, lies in the "metus publicae potestatis". The concussion occurs when the concession or promise is given by the private individual, who was persuaded to do so due to a crime of the public body.