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We must first start by saying that the tort of intimidation is a crime against the individual self-determination and, in particular, affects their psychological autonomy. Moreover, this crime is characterized in predicting future damage to someone, the realization of which derives from the intention of the acting subject.

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The offense of intimidation in nature risky, often becomes or is the starting point or item preliminary heavier Unlawful individual as the murder, individual violations, the illegal struggle. Often, the insights direct or implied, of certain actions as "damaging" the ethical and psychological autonomy can lead some individuals to replicas and inappropriate reflections, uncontrollable reactions and this eventuality is real that you cannot deny in any way .

The interpretation of Ar. 612, paragraph 1, allows easily to define the offense of intimidation as a spread offense and liable to be done by any individual. In addition to intimidation must be assessed on the basis of a single common and considering the actual state of affairs.

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On the contrary, the intensity of intimidation, which is highlighted by Ar 612 cp, should be checked taking into account the severity of the psychological disorder caused the individual to which the intimidation is directed. This alteration can be seen and it is assumed the severity of intimidation, as well as by all the contingencies in which it occurs and the specific circumstances surrounding those who have committed the offense and the injured party.

In addition, Italian-Article 612 of the Penal Code intimidation complaint relates to an offense risky for the completion of which does not assume that the interest protected should be outraged with fear to the injured party.

The mental condition of this particular criminal case is the general intention, that is the clear inner purpose and determination to intimidate the firmness of the other. It is intended to generate the threat of the injured party, without the requirement that this desire implies the implementation of the damage done to fear.

In addition, in my opinion, we can say that in this particular case the criminal trial is not identifiable. As a result, the moment when the offense takes place corresponds to the repression of the firmness of the other or the instrument used must be appropriate to the threat addressed to an individual.

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