Concussion: Meaning and Definition

Concussion is a crime contemplated in the Italian penal code, and it occurs when a public official or a person in charge of public service, abusing their position, compels or induces someone to give or promise unduly, to themselves or to third parties, money or other advantages.

Types of Concussion

The crime of concussion can manifest in different forms, mainly by coercion and by induction. It is important to understand the distinctions between these types to correctly identify the contours of the crime.

Concussion by Coercion

Concussion by coercion occurs when the public official uses threats or direct pressure to obtain an illicit advantage. In this case, the victim finds themselves in a situation of extreme difficulty, forced to yield to illegitimate requests to avoid negative consequences.

Concussion by Induction

Concussion by induction, on the other hand, materializes when the public official exploits their position to induce the victim to grant an advantage, leveraging a context of psychological subjection or regulatory uncertainty. Although the pressure is less direct than coercion, the coercive effect is still present.

"The distinction between coercion and induction is crucial for determining the correct charge and penalty."

Environmental Concussion

Another even more subtle form of concussion is the environmental one, where the abuse derives not so much from explicit pressure, but from a work or social context in which the victim perceives the request as an act of duty to maintain their status or job.

Conclusion

Understanding the crime of concussion and its variants is essential for anyone who interacts with authority figures. If you believe you have been subjected to this type of abuse, or if you require legal advice, do not hesitate to contact Studio Legale Bianucci. The team of experts is ready to offer you the necessary support and guide you towards the best possible solution.