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The term preterintentional is used when the desire of the acting man did not coincide with the implementation of the action of juridical importance, an action which however took place for: summary fault: laziness, or non-fulfillment of an obliged action; recklessness, ie violation of a total prohibition to take action or a prohibition to do so through established and established practices; incompetence, or laziness or recklessness in actions for which specific skills or competences are required; specific fault, ie violations of laws (legislative power), regulations (executive power), provisions (public deeds), disciplinary acts (documents and documents from individuals who conduct hazardous activities). Own and improper fault.
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The own one includes all the situations in which we find the main premise of the guilt itself, or the non-intentionality of the action. On the other hand, improper guilt is not characterized by such premises, as the action is desired by the person who acts.
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The erroneous thesis of the presence of a justifying condition: one is when it is an erroneous conviction of the one who acts that the occurrence of a justifying circumstance comes into play when the fact occurs. Factual error established by fault, a much debated circumstance in jurisprudence.
Specific fault: it concerns the criminal intentionality detected when the one who acts carries out a crime inasmuch as it violates the law, the laws of the law, its provisions and disciplinary fields. A conscious and unconscious fault. Between these two types of faults there is a real difference defined at the juridical level: the first subsists because the one who acts has foreseen the action but did not wish it, in the second there is no intentionality.
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While, the first fault happens very rarely and has had a legal specification only recently; the second one is very frequent and widespread. Conscious guilt is compared to malice, but it differs from the same because the one who acts does not foresee the acceptance of the action that will occur, and considers the fact that nothing will happen with the criminal conduct implemented.
Conscious fault constitutes an increase in the penalty.
Another distinction is between generic guilt and special guilt: the first occurs when the violation involves behavioral rules of a social nature and of common life; lazy, reckless attitudes and levels of incompetence determine this type of guilt.
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The special one occurs when the violation of a behavioral norm has its own legal clarification. On the other hand, there is an excess of guilt when, even if there are grounds for a justifying circumstance, the one who acts through fault (unconscious) overcomes the boundaries.
For example: the one who is attacked and kills even if satisfied only to strike to defend himself. The excess of crime is considered culpable if the same event is ascribed by the law as a fault. However, the excess can be determined by an error in the reproduction of the real world, such as the subject hit by a stick but exchanges it for a rifle and responds with the use of weapons; or by an error in the implementation, like a subject who can not control his own shots and kills another person, even if it was not his intention. Fundamental, however, is that the intentionality of the subject is directed to the implementation of its own purpose considered motivated.
If, on the other hand, the limits of the discriminating amount are exceeded in a conscious manner, the so-called "malicious excess" will take place.