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It is an offense precisely because it can only be performed by the public official or by the public functions employee.

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Illicit role and powers. The public official "takes advantage" of its role in the event that it does not reduce to notifying the enjoyment, or at most, to boast of it, but, due to the circumstances, the event, the ways in which it is notified, it is missing of another explanation which is not that of giving birth to the passive "manifestations of persuasion or imposition to perform services not due", must therefore have a mentally decisive influence.

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Those who, for the purpose of not paying taxes and taxes on revenues or VAT, are not sanctioned for one to three years, but do not provide one of the annual declarations concerning taxes, if they are obliged to do so. unpaid tax is greater, considering every single tax, to thirty thousand $.

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On a formal (or legal) level, the offense is that juridical case explicitly established by the law (legality factor) to which the law connects, as an effect, the sentence.

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The provision of non-place to proceed legally is applied at the end of the preliminary hearing when the GUP - as a result of a convincing investigation - supports or verifies that there is insufficient or deficient evidence that they foresee the annulment of the unlawful and the inability to legal level, since the action is not illegal, or the accused has not done it or the action itself does not exist. It is regulated by art. 425 of the c. p. p. .

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The theft at the criminal level is an offense against the asset asset governed by art. 624 penal code. This provision has been subject to change in the last period. According to the l. 205/99 the legislation has changed the rule of procedure (from the prosecution of office to lawsuit of the subject outraged); according to l 128/01, the so-called "Security Package", the legislation has increased the minimum edictal (previously not presumed and defined by the discipline in a short time, at present it is 6 months).

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