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How is the intentional, involuntary and involuntary crime different from each other?
The fraud represents the determination and intention to commit an offense. The fraud is the main factor that allows to define the illicit (it is called, in detail, individual factor, since it is relative to the mental status).
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Article. 42 c.p. establishes, in fact, that a subject can not be condemned for a gesture or negligence considered illegal, in case it did not accomplished with awareness and intention, but excludes certain cases explicitly listed by the law in which there is the offense even in absence of fraud (for example, the hypothesis of involuntary wrongdoing and those of fault).
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One can speak of an individual status of involuntary behavior in the case where one intends to commit an offense, but the effects of one s own gesture are heavier than one s own predictions (for example, one intends to beat to cause a stroke and on the contrary it causes the death of the subject beaten).
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The only types established by the national legislation are the involuntary crime (Article 584 c.p.) and the interruption of involuntary pregnancy (Article 18, paragraph 2, Law 194/1978).
We can speak on the contrary of an individual factor of guilt in the case in which there is no intention to make a gesture considered as illicit, but the circumstance takes place in the same way for negligence, unconsciousness, incapacity or for violation of norms, prescriptions, provisions or regulations (Article 43 of the Criminal Code).
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The law also categorically regulates cases of culpable wrongdoing (for example: culpable crime [Article 589 of the Civil Code] or guilty injuries [Article 590 of the Italian Civil Code]). The transgressions can be prosecuted in both the aforesaid cases, ie fraud and guilt.
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In which cases is there the possibility of resorting to self-defense or one of the various reasons of non-prosecution of the offense?
Article. 52 c.p. (legitimate defense) establishes the non-prosecution of the action if the person who carried it out has been pushed by the urgency of protecting a right of his or third parties with respect to the concrete risk of an illegitimate affront.
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However, the same provision highlights the criterion of proportionality between protection and affront. The answer is therefore legitimized only if there are two elements of urgency and proportionality between violation and protection.
The jurisprudential doctrine has specified that, with regard to the legitimate protection, the proportional character must exist between the opposing assets. For example, in the hypothesis of a robbery, which presumes the outrage to the completeness of the assets of an individual, the defense of those who, in order to avoid this wrongdoing, causes the robber s death, admitting that in such a hypothesis causes damage from the existential point of view that is certainly more important than heritage.
Other reasons of legitimization are constituted by:
the consent of those entitled (Article 50 of the Civil Code)
the implementation of a right or compliance with an obligation (Article 51 para.p.)
the justified use of arments (article 53 c.p.)
the state of need (Article 54 of the Italian Civil Code).