Legal Medicine Notes

Italian Criminal System

• Criminal/Penal Code vs. Civil Code
  • Criminal Law: The law of crimes and their punishments.
  • Offense against the public, society, or the state (e.g., murder, theft).
  • Public party confronts a private party.
  • Criminal/Penal Code: Laws established by the state to control criminal behavior.
  • Sets the punishment for people who break the criminal code.
  • The government decides punishment for an act or omission (compensation for a wrongful act).
  • Civil Law: The law of civil or private rights.
  • Injury or damage to property of an individual or private party through negligence.
  • Two private parties confront each other in a civil case.
  • Civil Code: Financial penalty and/or an order to change behavior.

Italian Constitution & Fundamental Rights

• Article 3, para. 1: All citizens have equal social dignity and are equal before the law, without distinction of sex, race, language, religion, or social conditions.
• Article 13: Personal liberty shall be inviolable.

Personal Liberty

• No detention, inspection, or personal search nor any other form of restriction of personal liberty shall be tolerated without reasons stated and issued by a judicial authority.
• Any act of physical and moral violence against personal liberty shall be punished.

Ethical and Social Relations

• Article 30: It shall be the duty and right of parents to support, educate, and raise their children, even if born out of wedlock.
• Article 32: The republic shall safeguard health as a fundamental right to the individual and shall guarantee free medical care to the indigent.
  • No one shall be forced to undergo medical treatment unless provided for by law.

General Principles of the Penal Code

• Based on principles:
  1. Principle of Formal Legality:
  • No act can be considered a crime if there is no previously published legal text that describes the crime.
  • Affirmed by: [art. 1 p.c] and [art. 25 Italian const. Law].
  • No one shall be punished for an act that is not considered/described by law as a crime.
  1. Principle of Non-Retroactivity of Criminal Law:
  • A law is only applied to an act committed at a time only after the law was adopted.
  • Affirmed by: [art. 2 p.c (succession of criminal laws)].
  • (para.1) No one shall be punished for an act if, at the time it was committed, it was not constituted as a crime according to the law.
  1. Principle of Favorable Retroactivity of Criminal Law:
  • Law can be applied to an act even before the enactment of the law.
  • Affirmed by: [art. 2 p.c (succession of criminal laws)].
  • (para.2) No one shall be punished for an act that was committed at a time if, according to a subsequent law, it does not constitute a crime.
  • (para.3) If the law at the time when the crime was committed and subsequent laws are different, the law more favorable to the offender shall apply unless a final judgment has been pronounced.
  1. Principle of Criminal Liability:
  • Legal responsibility of an individual for an act, for their voluntary actions/omissions (failure to perform an act of duty) which can result in punishment (imprisonment/fine).
  • Constitutional basis: [Article 27 italian Const. law].
  • Valid when: a new offense is created by law; an existing offense is defined differently as long as it results more severe for the offender.

Criminal Liability Details

• [para. 1] Criminal liability is personal.
• [para. 2] The defendant shall not be considered guilty until the final judgment is pronounced.
• [para. 3] Punishment shall not consist of inhuman treatment and aim at the rehabilitation of the offender.

Preconditions to Criminal Liability

1. Imputability: [Article 85 p.c. (Capacity to understand and want)].
   • No one shall be punished for an act if, at the time it was committed, one does not have the capacity to understand and want.
2. Awareness of Penal Law: [art.5 p.c.].
   • No one can invoke ignorance of the Penal Code as an excuse.
3. Objective Liability: [art.42 p.c. (Liability for fraud/negligence/unintentional crime)].
   • [para. 1]: No one shall be punished for an act / omission unless it was committed consciously and intentionally.

Cases of Strict Liability

• I. General Part: [art. 42 p.c]
  • [para. 2]: No one shall be punished for an act unless it was committed consciously and intentionally, except in some cases of unintentionally/negligence expressed by law (unintentional/negligence act results in a more serious harmful/dangerous event than the intended crime/omission).
  • [para. 3]: The law determines the cases as a consequence of its action or omission.
• II. Special Part: [art. 571 p.c. (Abuse of means of correction/discipline)]
  • (para. 1) Whoever abuses means of correction/discipline [education, instruction, care, supervision or custody] if the act results in Danger of illness in body or mind [mild injury], shall be punished, with imprisonment.
  • (para. 2) If act results in personal injury, the penalties in [art. 582 p.c (personal injury] and [art. 583 p.c (aggravating circum. ) ] shall be applied, reduced to one third.
• [art. 584 p.c. (unintentional homicide)]
  • Whoever commits one of the crimes, established in [art. 581 p.c (beating ) ] or [art. 582 p.c (personal injury ) ], if it leads to death, shall be punished with imprisonment.

Abandonment

• [art. 591 p.c. (Abandonment of minors or incapacitated persons)]
  • Whoever abandons an individual <14yo, or incapacitated, by reason of sickness, old age, or other cause, shall be punished by imprisonment and increased if the act results in personal injury/death.

Classification of Penal Code

1. According to Contents:
   • Command rule
   • Guarantee rule
2. According to Characters:
   • Imperative rule: set of rules enforced by the authority that the people must follow.
   • Taxative rule: legalizations and sanctioned
3. According to Species:
   • Incriminating rules (guilty of crime/wrongdoing)
   • Discriminatory rules (cases of non-punishment/of justification)
   • Declarative/Explanatory rules: contains standards of elimination of qualification (e.g., who is public official, weapon of destruction, habitual drunkenness)
   • Interpretative and Referral rules (… the meaning and scope of the rule)
4. According to Parts (2):
   • Precept: (rule of conduct to be followed): command or prohibition
   • Sanctions: (consequence of the infraction): penalty (imprisonment; pecuniary one)
5. According to Types:
   • Perfect rules: (The rule that has 2 parts: a) precepts, b) sanctions
   • Imperfect rules: rules that contain either precepts or sanction

The Crime

• Violation of criminal law that is associated with punishment as a consequence.

Classifications of Crimes

1. According to Intent:
   • Intentional, Negligence, Beyond Negligence
     • I. Intentional:
     • [art. 43 p.c (Psychological element of the crime)]
     • [para. 1]: The crime is intentional when the Damage/dangerous event, resulted from act/omission, is foreseen and intended by the agent.
     • II. Negligence:
     • [art. 43 p.c (Psychological element of the crime)]
     • [para. 3]: Crime is negligent when the damage/danger of event, resulted by the act, even if foreseen, is not intended by the agent, and occurs as a result of:
       • i. generic negligence: as a result of negligence/carelessness/unskillfulness act.
       • ii. specific negligence: the failure to comply with laws and regulations.
     • III. Beyond the Negligence:
     • [art. 43 p.c, (Psychological element of the crime)]
     • [para. 2]: Crime is unintentional/beyond negligence, when the act results in more serious damage/danger of event than that intended by the agent.
2. According to Danger/Damage:
   • I. Danger:
     • [art. 622 p.c, (Revelation of professional secrecy )]
     • Whoever, having knowledge of a secret, due to his profession, reveals it, without just cause, or for his own profit, shall be punished (imprisonment/fine), upon complaint by the offended person.
     • [art. 728 p.c. (suppression of the consciousness/the will of others)]
     • Whoever, with consent, places someone under narcosis/hypnosis for a treatment suppresses his conscience/will of someone, if the act results in danger of safety of person, shall be punished (imprisonment/fine).
     • Does not apply, if committed, for scientific/care purposes by health care professionals
   • II. Damage:
     • [art. 582 p.c. (Personal injury)]
     • Whoever causes personal injury to someone, resulting in an illness in body or in mind (mild injury), shall be punished (by imprisonment), upon complaint by the offended person.

Personal Injury

• If the illness is [very mild injury], lasts not longer than 20 d and none of aggravating circum. [ [art. 61 p.c , no. 11 octies] , [art. 583 and 585 pc ] occur , with the exception first and the last part of [art. 577 pc] , shall be punished, (by imprisnoment) upon complaint by the offended person / shall be prosecuted ex officio if any of the aggravating circumstances occur / > 20d.
  3. According to Act:
  • Commissive, Omissive, Improper
    • I. Commissive:
    • [art. 575 p.c. (intentional Homicide )]
    • Whoever commits an act that results in the death of someone shall be punished by imprisonment.
    • II. Proper Omissive:
    • [art. 328 p.c. (omission of official acts )]
    • Any public official who refuses to perform an act of his duty, which must be performed without delay for reasons of justice/public health/public safety, shall be punished with imprisonment.
    • III. Improper [commissive by omission]:
    • ie. mother who kills her child by not feeding him; / doctor who determines the death of a patient by not making the correct diagnosis of a heart attack / not allowing life-saving treatment (coronary angioplasty).
  3. According to Manifestation:
  • Consumed, Attempted
    • I. Consumed:
    • Event has already occurred (homicide/injury)
    • II. Attempted:
    • art. 56 p.c. (attempted crimes )
      • Whoever attempts a suitable act, aimed at committing a crime, if the action did not take place or the event did not occur, the offender is still liable for an attempted crime.
      • From a subjective point of view: attempted crime is complete.
      • From an objective point of view: the event is incomplete.
      • [Article 42 p.c , Para 2: (No one shall be punished for an act, unless it was committed consciously and intentionally, except in cases of unintentionally/negligence expressed by law (unintentional/negligence act results in more serious harmful/dangerous event than the intended crime/omission;)
        ==> criminal liability arise only if the offender has intentionally committed the criminal attempt.
        But which intent?, - [Incompletion of the Offence and Perpetrator's Will]
      • [(art. 56 p.c , para 3 )]: no one shall be punishment for an act, as long as the portion of action performed does not amount to a different crime.
  3. According to Subjects:
  • Uni subjective, Pluri-subjective
    • [art. 588 p.c.( Brawl / when several people fight each other) ]
    • Whoever takes part in a pluri-subjective fight, shall be punished with a fine
    • If act results in death/personal injury, shall be punished with imprisonment.
  3. According to Report by Healthcare Professionals:
  • Common, Exclusive
    • art. 365 p.c. (omission of referral : notice to a prosecutorial body, recommending criminal investigation or prosecution of one or more entities for crimes.)
    • Anyone in the settings of the health care profession / provides assistance/ works in cases which presents the characteristics of a crime, fails/delays to report the crime characteristics to the authority, shall be punished.
  3. According to Report by General:
  • Conduct, of Event [when an individual supplies information of an offence to the police, the term used by many is ‘report’]
    • I. Conduct
    • [art. 593 p.c. (Omission of rescue)]
      • anyone who encounters :
      • abandoned/lost a child <10 yo
      • person who is incapable of providing for himself due to illness of mind or body, old age
      • a body that appears to be inanimate
      • Person appears to be injured
      • person appears to be in danger
      • fails to report to the Authority, shall be punished.
    • II. of Event (Material)
    • [art. 361 p.c( Failure to report a crime by a public official ) ]
      • anyone in setting of public officer/ person in charge of public service, fail/delay to report a crime , which he has become aware in the exercise as a public officer to the Authorities , shall be punished (fine).
      • if the public officer , received notice of a crime , upon which criminal proceedings may be instituted ex officio and failed/delayed , punished ( prison ).
      • This provision does not apply , if the crime is punishable upon complaint o the offended person
    • [art. 362 p.c : ( Failure to report by a public employee )
    • [art. 364 p.c : ( Failure to report by a citizen )
  3. According to Prosecution:
  • Prosecuted by Complaint, ex Officio
    • I. By Complaint
    • [art. 336-337 p.p.c. (TITLE III of REQUIREMENTS FOR PROSECUTION)]
      • [art. 336 (Complaint)]
      • The complaint shall be submitted by means of a statement, in which the complainant requests the prosecution against act deemed an offence by law.
      • [art. 337 (Formality of complaint)]
      • The statement of complaint shall be submitted, to the authorities, personally. / Delivered by an appointed person or sent by mail.
    • II. By ex-Officio
    • [art. 330, 331 p.p.c.( TITLE II NOTITIA CRIMINIS )]
      • Notitae crimins: is what sets criminal prosecution in motion (Both sides in a criminal case can make requests to the judge, either verbally or in written format.)
      • [art. 330 (Acquisition of notitiae criminis)]
      • Notitiae criminis shall be acquired , by the Public Prosecutor /criminal police on their own initiative.
      • [art. 331 (Report by public officials and person in charge of a public service)]
      • anyone in setting of public officials and person in charge of a public service who receive information about a crime subject to prosecution of the Public Prosecutor’s motion, while carrying out or because of their functions or their service, must report it in writing, even if the alleged perpetrator of the offence is not identified…
      • The report shall be submitted or forwarded without delay to the Public Prosecutor or a criminal police official.
      • If several persons are to report the same offence, they may also draft and sign one single document.
      • If, during civil or administrative proceedings, an act emerges which may constitute an offence subject to prosecution of the Public Prosecutor’s motion, the proceeding authority shall draft and forward the report to the Public Prosecutor without delay.
      • [Report : the information conveyed by a public officer (who have a legal duty to communicate report to the higher authorities) . Therefore, every public officer who becomes aware of an offence upon which criminal proceedings may be instituted ex officio, has a duty of making it known to the superiors]

Elements of Crime

• subjective element/psychological element of a crime & intention(in his mind)
  • If the offender > 18, it is presumed that he/she is capable of understanding and acting intentionally and is therefore criminally liable.
  • This presumption may be rebutted, however, if it is proved that the offender was unable to understand and act intentionally at the moment of the offence, due to infirmity [art. 88 p.c (Total mental defect: Anyone who, at the moment he committed the crime, was, due to infirmity, in a state of mind excluding the capacity to understand or want is not imputable )], If this is proved, the offender cannot be considered liable for the offence and therefore no penalty can be imposed on him/her, with the exception of those security measures that may be applied if the offender is recognised to be socially dangerous.
  • [Article 89 p.c. (Partial mental defect) : Whoever, at the moment in which he committed the act, was, due to infirmity, in a state of mind as to greatly diminish, without excluding it, the capacity to understand or want, is liable for the crime committed; but the penalty is reduced.]
  • Absolute liability [When liability is absolute with respect to an element of an offence, the prosecution is not required to prove intention, knowledge, recklessness or negligence] , as a criterion for indictment is expressly envisaged in the general part of the Criminal Code. In particular, it is included in [ art. 42 p.c , para 3 ]
• objective or material element of the crime (event)/consequence of behavior
  1. Conduct
  • a) Action: is a simple voluntary muscular movement consciously directed to the commission of a crime
  • b) Omission: is a purely legislative concept comprising a failure to act in those cases in which a legislative command obliges an action.
  1. Causation
  • what is it necessary to prove a causation (antecedence, necessity (irreplaceability) , sufficiency)
    • i. art. 40 p.c (causal relationship)
    • No one shall be punished for an act deemed by law as a crime, if the damage/dangerous event on which the existence of the crime depends was not a consequence of his own action or omission.
      • legal obligation to prevent an event, failure to prevent it, is eq. to causing it".
    • ii. Art. 41 p.c (concurrence of causes)
    • " The concurrence of pre-existing/simultaneous/Supervening causes, even if independent of the conduct, does not exclude the causal relationship between the conduct and the event.
      • Supervening causes exclude the causal relationship when they alone, were sufficient to determine the event. In such a case, if the previously committed conduct constitutes a crime in itself, the penalty established for it shall be applied.
      • The preceding provisions shall also apply when the pre-existing or simultaneous or supervening cause consists of the wrongful (illicit) act of others.
• CIRCUMSTANTIAL CRIME / CIRCUMSTANCES OF A CRIME (to distinguish one crime from another.)
  1. Essential elements: essential for the existence of a crime
  2. Accessory element: known as circumstances which merely affect the seriousness and penalty of a crime.
  • A. Aggravating circumstances (as long as they result in an increase of penalty which may be quantitative or qualitative)
    • art. 61 p.c : (Common aggravating circumstances. Of crime )
    • The following circum. Aggravate the crime, when they are not constitutive elements or special aggravating circum.:
      1. having acted for abject or futile motives
      2. having committed the crime to commit or conceal another crime, or in order to obtain or ensure for oneself or others the product or profit or the price or the impunity of another crime
      3. in culpable/negligent crimes [43], acted despite foreseeing the event;
      4. having used torture/acted with cruelty towards people
      5. having taken adv. Of circum. Of time/place/person, including age (hinder public/ private defence )
      6. Committed the act against a public official or person of public service or priest/religious minister or diplomatic agent of a foreign state.
      7. Having committed the act with abuse of authority or domestic relations/of office relations/of provision of work/of hospitality.

Aggravating Circumstances (Cont.)

• 8. 11-bis: the guilty party having committed the act while illegally present on the national territory
• 9. 11-Ter: having committed a crime against the person to the detriment of a minor within or in the vicinity of educational or training institutions.
• 10. 11- quarter: the guilty party having committed a non – culpable crime during the period in which he was admitted to an alt. measure to detention in prison
• 11. 11- quinquies: (under the age of 18 or pregnant ), having committed, in non-culpable offences against life and individual safety, against personal freedom liberty as well as in the offence referred to in [art. 572 p.c (maltreatments against family members or cohabitants )]/ the act in the presence of or to the detriment of a person under eighteen years of age / to the detriment of a pregnant person.
• 12. 11-sexies: ( health facilities ), having committed , in non-culpable offences, the act to the detriment of persons admitted to healthcare facilities or to residential or semi-residential social-health facilities, public or private, or to socio-educational facilities
• 13. 11-septies: (sporting event), having committed the act at or on the occasion of sporting events or during transfers from or to places where such events are held.
• 14. 11-octies: (health professional, auxiliary care), having acted in crimes committed with violence or threat, to the detriment of persons practicing the health and social-health professions, as well as of any person carrying out auxiliary care, health assistance or rescue activities, functional to the performance of such professions, on account of or in the exercise of such professions or activities ".
      B. Mitigating/Extenuating circumstances (as long as they result in a decrease of penalty which may be quantitative or qualitative.)
• [art. 62 p.c (Common mitigating circumstances )]
  • The following circum. mitigate the crime, when they are not constitutive elements or special aggravating circum. :
  1. having acted for reasons of particular moral or social value;
  2. having acted in a state of anger, brought about by an unjust act of another;
  3. having acted under the suggestion of a crowd in an uproar, when it is not a question of meetings or assemblies prohibited by law or by the Authority, and the offender is not a habitual or professional criminal
  4. -
  5. the offender's willful act together with the offender's act or omission having contributed to the event
  6. having, before the sentence, repaired the damage in full, through compensation for it…"
• Criminal offences are divided into two main categories: crimes and misdemeanours. (a minor wrongdoing. / a non-indictable offence)
  • The intention to commit crimes (“No one can be punished for an act designed by the law as a crime if he has not committed intentionally”).
  • The intention to commit misdemeanours (With regard to misdemeanours, a person shall be held liable for his knowing wilful act or omission whether intentional or negligent).
  • The discretionary criteria used in the Criminal Code to discern between these two types of criminal acts are of an excl. formal character and depend on the different types of penalties envisaged [art. 39 p.c]
  • In the case of crimes these are the life sentence, the prison sentence and heavy fines (capital punishment is not permitted by Constitution),
  • misdemeanours they consist of arrest and lighter fines.

Types of Punishment and Offences

• [art. 17 p.c (principal penalties: species ) ]
  1. the main penalties est. for the crimes are:
  • a. Life imprisonment (("life sentence”) [art. 22 p.c];
  • b. Imprisonment [art. 23 p.c];
  • c. Fine [art. 24 p.c];
  1. The main penalties est. for misdeamnours :
  • a. Detention/arrest [art. 25 p.c]
  • b. Amends [art. 26 p.c]
• [art. 18 p.c (Naming and classification of major penalties) ]
  • Under the heading of custodial penalties or penalties restricting personal liberty, the law includes: life imprisonment, imprisonment and arrest.
  • Under the heading of pecuniary penalties, the law includes: the payment and the fine”.
• [art. 19 p. (Accessory penalties: species)]
  1. The accessory penalties for Crimes are:
  • disqualification from holding public office [art. 32 p.c];
  • disqualification from a profession or an art [art. 30 p.c];, (no longer be able to practice the profession)
  • legal disqualification [art. 32 p.c];
  • disqualification from holding managerial positions in legal entities and companies [art. 32a p.c];];
  • the inability to contract with the public administration [art. 32 b, c p.c];
  • 5a. the termination of the employment or work relationship;
  • disqualification or suspension from parental responsibility [art. 34 p.c];
  1. The accessory penalties for misdemeanors are:
  • suspension from exercising a profession or art [art. 35 p.c];
  • suspension from the management offices of legal entities and companies [art. 35a p.c];

Cases of No Punishment

• GENERAL
  • Causes of Justification: ( legally sufficient reason or set of circumstances that justify an action/excuses )
  1. art. 50 p.c : ( Consent of the entitles person)
     • Anyone who violates (infringes) or endangers a right with the consent of the person who can validly dispose of it, shall not be punished (The rationale of this justification is that a right cannot be harmed if the subject of the right consents to what would otherwise be a criminal offence)
  2. art. 51 p.c]; Exercise of a right / fulfilment of a duty
     • the exercise of a right/the fulfilment of a duty imposed by a legal provision/by legitimate order of the public authority excludes punishability
       • if an act constituting a crime is committed by order of the authority , the public official who gave the order is always responsible for the crime
  3. art. 52 p.c : ( Legitimate defence )
     • anyone who committed the crime by the need to defend their own or another's right against the current danger of an unjust offense, is not punishable
  4. art. 53 p.c : ( Legitimate use of Weapons )
     • the public official who, in order to exercise right/fulfil a duty uses or orders the use of weapons, by need to reject violence or to overcome resistance to the Authority and in any case to prevent the commission of the crimes, shall not punishable.
  5. art. 54 p.c : ( state of necessity)
     • A person who has committed a crime by the necessity to save himself/others from the current danger of serious personal injury, a danger not voluntarily caused by him/non avoidable, shall not be punishable, provided that the act is proportionate to the danger. the objective grounds excluding criminal liability (justifications or scriminanti) shall not be confused with the subjective grounds, like the error, (excuses or scusanti) and shall not be confused either with the circumstances which simply prevent the judge from applying the penalty
     • This provision does not apply to those who have a particular legal duty to expose themselves to danger.
• SPECIAL
  1. .[art. 365 p.c : (Omission of Referral / report)]
  • anyone in the exercise of health profession/has provided assistance/ works in case which may present the Ch. Of a crime, fails/delays in reporting a crime subject to prosecution by eex- officio, to the authority, shall be punished.
    • Provision shall not apply when the referral would expose the assisted person to criminal proceedings [art. 384 p.c. : (Cases of non-punishability )]
      • In the cases provided for in [art. 361, 362,363,364,365 p.c ], the person who committed the act, because he was forced to do so by the necessity of saving himself or a close relative [art. 307 p.cw2 from serious and unavoidable harm in freedom or honor, shall not be punished.

Ending of Life/Disposing from Life

• art. 579 p.c : (murder of the consenting person )
  • Whoever causes the death of a man, with his consent, shall be punished by imprisonment (6-15 y )
  • The aggravating factors specified in Article 61 shall not apply.

Provisions Relating to Murder

• The provisions relating to murder [575-577] shall apply if the act is committed:
  1. against a person < 18 y
  2. against a person who is menatally ill/mentally deficient due to another infirmity/or due to the abuse of alcoholic or narcotic subs.
  3. against a person whose consent has been extorted by the offender through violence/threat/suggestion, /obtained through deception.
• under circumstances facilitating ending of life is not punishable ;
  1. a patient kept alive by life-support treatment [art. 307 p.c.] : close relatives, shall mean spouse, brothers, sisters, relatives in the same degree, uncles
  2. suffering from irreversible disorder or intolerable psychological suffering that cannot be cured
  3. but fully capable of making conscious decisions

About Suicide

• art. 580 p.c : (incitement or assistance to suicide )
  • Whoever determines others to commit suicide o/ reinforces another's intention to commit suicide, or facilitates in any way its execution, shall be punished
  • if suicide occurs, by imprisonment (5-12 y )
  • If the suicide does not take place, by imprisonment (1-5 y ), provided that serious or very serious bodily injury results from the attempted suicide [art. 583 p.c].
  • The penalties increased if the person instigated < 18 yo/mentally deficient .
  • if person < 14 yo / lacks the capacity of understanding [art. 85 p.c ], the provisions relating to murder [art. 575-577] shall apply .

Aggravating Circumstances for Life Imprisonment

• art. 576 p.c ((Aggravating circumstances. Life imprisonment))
  • The penalty of life imprisonment shall sapply, if the act referred to in the previous article is committed;
  1. with the concurrence of any of the circumstances indicated in number 2 of [art. 61 p.c]
  2. against the ascendant/descendant, when any of the circumstances indicated in [art. 61 p.c , no. 1 & 4] numbers 1 and 4of Article 61 concur/ when a poisonus or other insidious means is used, / when there is premeditation;
  3. by the fugitive, in order to evade arrest, capture or imprisonment or to procure means of subsistence during the period of fugitive/hiding;
  4. on the occasion of the commission of any of the crimes provided for in [art. 572, 583 quinquies, 600 bis, 600 ter, 609 bis, 609 quater and 609 octies;]
  5. 5.1) : by the perpetrator of the crime provided for in Article 612 bis against the same offended person;
  6. 5-bis) : against judicial police officer/agent/public security officer, in the act or because of the fulfilment of duties service.

Other Aggravating Circumstances

• art. 577 p.c (Other aggravating Circumstances. Life imprisonment)
  • The penalty of life imprisonment applies if the act foreseen in [art. 575 p.c] is committed;
  1. Against ascendant/descendent
  2. Poison/insidious means
  3. With premeditation
  4. With the concurrence of 1 of the circumstances indicated in [art. 61 p.c , no. 1 and4]
  • Act committed against spouse, brother, sister, adoptive father or mother, adopted child, relative in direct line
  • penalty is imprisonment (24-30y).

Personal Injuries - Individual Safety

• Protected as a legal right and understood as a physical or mental integrity of the person in his interindividual projections, the offense of which constitutes (mainly) three hypotheses of crime act:
  • I. Beatings [art. 581 p.c ]
  • II. Personal Injuries :
  • intentional personal injury [art. 582,583,585 p.c ]
  • culpable personal injury [art. 590 p.c ]
  • III. Homicide (intentional, culpable, preterintentional )

About Beatings & Personal Injury

• art. 581 p.c , (Beatings): act that produces only a fleeting (transient/instantaneous/momentary) feeling of (subjective ) pain/suffering.
  • Whoever beats someone, if the act does not result in an illness in body or mind, shall be punished upon complaint by the offended person, unless the aggravating circumstance referred in [art. 61 p.c , no. 11 octies ] occurs, imprisonment/fine.
  • This provision does not apply when the law considers violence as a constituent element or aggravating circumstance of another crime.
• art. 582 p.c , (personal injury )
  • Whoever causes personal injury to someone, resulting in an illness in body or in mind (mild injury), shall be punished (by imprisonment ), upon complaint by the offended person.
  • if the illness is [very mild injury ], lasts not longer than 20 d and none of aggravating circum. [ [art. 61 p.c , no. 11 octies] , [art. 583 and 5