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Criminal Law > 1 > Flashcards

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1
Q

Principle of legality sources

A

Art 7 ECHR
Art 49 EUCFR
Art 2 cp
Art 25 co 2

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2
Q

Ne bis in idem sources

A

Art 4 p7 ECHR
Art 50 EUCFR
Art 649 cpp

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3
Q

Principle of materiality harm principle

A

Art 49cp
You can’t be punished for merely thinking of a crime
Nullum crime sine iniuria

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4
Q

Culpability principle

A 
Art 27 cost
Criminal responsibility is personal
No other persons than me can be punished for a crime I committed
No vicarious liability
Guilty mind needed
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5
Q

Elements of a crime

A

Actus reus
Mens rea
No causes of justification

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6
Q

Actus reus

A 
Objective element of the crime
Having an act and a link to causation plus an agent
Conduct
Causation
Harm
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7
Q

Conduct

A

1st element of the ACTUS REUS

In order to have a conduct we need consciousness and willingness of the action

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8
Q

Causes of justification

A

Art 52 self defence
Art 45 force majeure
Art 46 physical violence
You’re not held punishable

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9
Q

Causation

A

Art 40cp

No one shall be punished for an occurrence that is not the outcome of his action/omission

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10
Q

Harm

A

Criminal provisions want to prevent harm to legal values
Sometimes it can overlap with a naturalistic occurrence
Can be presented by a danger or a risk

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11
Q

Conduct, do you need consciousness?

A

Yes

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12
Q

Conditio sine qua non

A

A’s conduct is cause of B’s death if we can say that without A’s conduct B would not have died

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13
Q

Omission article?

A

Art 40 p2

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14
Q

In order to have an omission we need:

A

Source of the position of guarantee
Contractual obligation or normative act
Voluntary assistance

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15
Q

What’s an omission?

A

Failure to act when there’s a legal duty to act

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16
Q

Proving an omission:

A

Duty to act (pos di garanzia)
Description of the event and the naturalistic cause
The impeding efficacy of the conduct which was omitted

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17
Q

Classification of crimes

A

1- Habitual crimes, mistreatment of family members or cohabitants

2- Crimes possibly habitual, exploitation of prostitution

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18
Q

Classification of crimes in base of the event

A

Crimes of damage, Homicide

Crimes of danger:
1) concrete danger, attempt to the public transportation safety

2) Abstract danger, intentional removal or omission of precautions avoiding work accidents

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19
Q

Crimes in base of the agent

A

Comuni: crimes that can be committed by anyone

Propri: crimes that can be committed by specific agents which have specific qualifications (ex peculato)

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20
Q

Mens rea

A

Nullum crime sine culpa

It’s the subjective link b/w the crime and the agent

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21
Q

Mens rea consists in?

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A

Intention and negligence

22
Q

Functions of mens rea

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A

1) Founding punishment (imputability)
2) grading punishment
3) excluding punishments

23
Q

What’s intention?

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A

It’s the mental state of the agent

24
Q

Objects of the intention

Study These Flashcards
A

Actus reus:
Conduct
Causation
Harm

25
What’s negligence
Absence of intention Violation of precautionary rules Salvific effect of the precautionary rules
26
When does negligence overlap with omission?
In a negligent conduct there’s always an omission, a non compliance with precautionary rules
27
Negligence with foresight
Exclusion of the risk, it might happen but I will be able to avoid the damage
28
Dolus eventualis
Acceptance of the risk | The agent would not stop having clear the risk he wants to realise his purposes
29
Article of mistake of fact?
Art 47 cp
30
Mistake of fact
It always excludes the punishment If the mistake was caused by negligence the mistake cannot be excluded if there’s a provision that punishes the fact for negligence The mistake of fact that represents a crime does not exclude the punishment for a different crime
31
Does MOF exclude intention?
Always
32
3 types of MOF
Simple mistake of facts, simple factual mistake that involves the elements of the ACTUS REUS Mistake of a non criminal provision Mistake of law, art 5cp IGNORANTIA LEGIS NON EXCLUSAT
33
Pereterintenzione
A felony is beyond intention when the action/omission causes an event more serious than the event the agent intended to do
34
Structure of pereterintenzione
1) INTENTIONAL cause of personal damage | 2) NON VOLUNTARY cause of the death
35
What you need to have self defence
1) constriction to endure | 2) no alternatives available
36
Aggression and defence, self defence
Aggression: Has to be UNJUST The object of the aggression is the right of the agent or another persons right Defence: Constriction to endure Necessity, the reaction can not be different and had to be less harmful as possible Proportion
37
Attempted felony
Art 56cp Criminally punished Attempts cause SOCIAL HARM it’s the expression of the dangerousness if the agent (subjective reason for punishing the attempt)
38
Structure of pereterintenzione
Art 581/82 beating/personal injury + art 584 pereterintenzione
39
Structure of the attempted felony
Art 56cp + intended felony
40
Iter criminis
1) CONCEPTION, decision to make the crime 2) EXECUTION, perpetration of the crime 3) COMPLETION (perfezione), all the elements of the ACTUS REUS and mens rea are satisfied at the minimum 4) CONSUMAZIONE, the crime has reached its maximum severity in concert, the other crimini e ends
41
Iter criminis of the attempted felony
We got all the elements of the crime but it cannot be defined as completed
42
Circumstances
Elements of the crime which are necessary for the existence of the crime itself They may increase or decrease the punishment
43
Common aggravating circumstances
``` Acting for silly reasons Negligence Torture Taking advantage from circumstances Recidivism ```
44
Accomplish liability principles involved
Criminal liability is personal (Art 27const) | Principle of legality
45
Requirements for accomplished liability
1) Two or more persons 2) Commission of the crime 3) Objective contribution 3) Intention of a crime that has to be committed
46
Criminal Association requirements
1) Three or more agents all imputable 2) Scope to commit more crimes 3) Only participation is punishable 4) Associative bond 5) Existence of an organised structure
47
Principles involved in criminal association
Principle of materiality Art 49cp | Principle of social harm
48
Mafia type association
``` 416 bis Power of intimidation State of subjugation Code of silence Not all their actions are crimes ```
49
Concorso of crimes
Art 81p1 cp One conduct which violates several times the same provision One conduct that violates different provisions More conducts that violate multiple times the same provisions
50
Apparent concorso of crimes
One fact fits in multiple provisions

Criminal Law (1 decks)

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