What are the main elements of the crime (the objective element and the subjective element), the conduct and the psychic connection
In the structure of the crime there are two kinds of elements: essential (indispensable for the existence of the crime) and accidental (whose presence does not affect the existence of the crime but only on the entity of the sentence. They are the so-called extenuating and aggravating circumstances ).
- Essential elements of the crime
- The conduct
- The psychic link
Essential elements of the crime
Among the essential elements we find: objective element (material fact) and subjective element (intent and / or fault).
The first is constituted by human conduct, by the naturalistic event and by the causal relationship that links the conduct to the event, while the second is constituted by the psychological attitude of the agent subject required by the Order for the commission of a crime (malice, guilt and intention).
By human conduct we mean the action or omission put in place by the agent. By action we mean any movement of man that determines the modification of the external reality while by omission the failure to put in place a specific action which by law had the obligation to perform.
The psychic link
Furthermore, for the existence of the crime, the existence of the psychic link between the active subject and the damaging event is necessary. The occurrence of a single act must therefore necessarily be attributed to the will of the acting subject.
The subjective element (also referred to in Article 27 of the Constitution) can take the form of malice or guilt and is considered the main criterion for commensurate with the sentence.
The first paragraph of the art. 42 of the Criminal Code? Liability for fraudulent intent or through fault or unintentional crime. Objective liability establishes that? nobody can be punished for an action or omission foreseen by the law as a crime, if he has not committed it with conscience and will (psychic link).