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The penal code, after the amendments to the art. 81 introduced in 1974, provides for such cases a lighter sentence than the actual competition. In the ongoing crime the block of laws is expected to be adopted.
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The problems encountered in identifying a "same criminal plane" have led jurisprudence to suppose the existence of continuous crime every time a person performs multiple crimes, even after some time, with the consequence that the legislative block is adopted in many more concrete cases.
With the expression "same criminal plan" refers to the case in which the agent subject has carefully planned the modalities of the criminal action, before the execution of the first crime.
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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.
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:
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killings: life imprisonment, imprisonment and violation, breaches: imprisonment and pecuniary penalties.
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.
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.
Substance concept. The substantive one of the crime differs from the official character. According to it, the injurious gesture can be defined socially, however not presumed as harmful by the legislative norms; therefore, the socially injurious conduct is punishable even when the legislation does not prescribe anything in this regard.
Following this approach the factor of legal certainty and that of the protection of the community are invalidated, so all democratic and liberal systems usually adopt the formal profile of the crime.
The prohibition to continue at the legal level is implemented after the end of the initial session, when the GUP, after an appropriate inquisitive phase, affirms or ascertains the lack of existence or inadequacy of evidence, which produce the invalidation of the crime and the prohibition of proceeding from a legal point of view, since the case examined is not criminal, or the person charged has not carried out the aforementioned action or the fact has not occurred. It is regulated by the art. 425 of the c. p. p. .