Reato - danneggiamento

English translation: Vandalism, malicious mischief

03:16 Feb 10, 2011

Italian to English translations [PRO]
Law/Patents - Law (general) / criminal background check

Italian term or phrase: Reato - danneggiamento

It's part of a criminal check however this is my first time translating a background check that actually has a proceeding listed..

"Primo reato) DANNEGGIAMENTO Art. 635 comma 2n. (COMMESSO Il ...)

So how would you translate DANNEGGIAMENTO: Maliscious Mischief? or just Mischief?

Thank you

Alice Ungarini KudoZ activity Questions: 51 (none open) (8 without valid answers) (4 closed without grading) Answers: 26 Canada
Local time: 02:22

English translation:Vandalism, malicious mischief

Explanation:
In both criminal and civil law, vandalism,"danneggiamento" . is actionable. In civil law, the injured party can request compensation for damages to property caused by vandalism. In most jurisdictions, vandalism is also punishable as a misdemeanor, which generally means 6 months of incarceration and/or a fine (e.g. California Penal Code) Source: DeFranchis, "Dizionario Giuridico", Vol 2. In the UK, "malicious mischief" is the analogous criminal charge.

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Note added at 3 hrs (2011-02-10 06:45:52 GMT)
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Italian Penal Code, Art. 635, subpara. 2, provides in relevant part that whomever is found guilty of destroying, disfiguring, or rendering, in whole or in part, employment computer data unusable is punished by incarceration of up to 1 year or subject to a maximum fine of € 309. Since your translation specifically refers this penal code section, it would seem reasonable to use either "vandalism" or "malicious mischief" in your translation.

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Note added at 3 hrs (2011-02-10 06:50:59 GMT)
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Protected data also includes other types of data stored in computer as described in Penal Code articles 330, 331 and 333.

Selected response from:

Adele Fenstermacher
Local time: 11:22

Grading comment

The fact that you were able to identify the actual law broken was extremely helpful and made your suggestion all the more reasonable, I chose malicious mischief.
Thank you kindly!
4 KudoZ points were awarded for this answer

Summary of answers provided

5 +2

Vandalism, malicious mischief

Adele Fenstermacher

5 +1

criminal damage

simon tanner

Offense - Damage

Caroline Schena

4 -1

offence of property damage

Sylvia Gilbertson

Answers

1 hr confidence:

peer agreement (net): -1

Reato - DANNEGGIAMENTO offence of property damage

Explanation:
Atto illecito con cui si reca danno a cose

http://dizionari.corriere.it/dizionario_italiano/D/danneggia...

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Note added at 1 hr (2011-02-10 04:51:56 GMT)
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Or you can call it criminal property damage - malicious mischief is a type of property damage, but I'd go for a more general translation in this case.
US spelling is "offense," UK spelling "offence."

Sylvia Gilbertson
United States
Local time: 04:22
Specializes in field
Native speaker of: English
PRO pts in category: 244

2 hrs confidence:

peer agreement (net): +1

Reato - DANNEGGIAMENTO criminal damage

Explanation:
this is the term in UK law, anyway

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Note added at 2 hrs (2011-02-10 05:27:38 GMT)
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s 1(1) of the Criminal Damage Act 1971 sets out that: "A person who without lawful excuse destroys or damages any property belonging to another...shall be guilty of an offence"

In the case in point, we are dealing with a particular type of damage, since Art. 635 of the Codice Penale, mentioned in your text, deals with "danneggiamento di informazioni, dati e programmi informatici utilizzati dallo stato a da altro ente pubblico o comunque di pubblica utilità".

This would still of course be criminal damage, and under English law, as far as I am aware, there is no specific offence for this type of damage, but you could add "to data, software..." etc

simon tanner
Italy
Local time: 11:22
Specializes in field
Native speaker of: English
PRO pts in category: 751

Peer comments on this answer (and responses from the answerer)

neutral

Adele Fenstermacher: Under the specific Italian penal code cited, art.635, subp. 2, specifically provides a criminal offence for the destruction or damage of computer data.

54 mins

-> If you read what I wrote you would see that I acknowledge this, and also offer an alternative to take it into account. Criminal damage is the official English term, by the way, not just my version!

neutral

Thomas Roberts: http://www.legislation.gov.uk/ukpga/1995/39/section/52

2 hrs

-> criminal damage sounds more appropriate to me than vandalism when talking about digital rather than real property, but you're the legal expert

agree

Ivana UK: covered by the 'Computer Misuse Act' http://people.exeter.ac.uk/mmaziz/com1409/lect1.pdf

7 hrs

-> Thanks Ivana! The link in fact confirms that "Criminal damage" is used in this context

2 hrs confidence:

peer agreement (net): +2

Reato - DANNEGGIAMENTO

Vandalism, malicious mischief

Adele Fenstermacher
Local time: 11:22
Specializes in field
Native speaker of: English
PRO pts in category: 52

Grading comment

The fact that you were able to identify the actual law broken was extremely helpful and made your suggestion all the more reasonable, I chose malicious mischief.
Thank you kindly!

4 hrs confidence:

Reato - DANNEGGIAMENTO Offense - Damage

Explanation:
Reato is an offense, in this case a first offense. Now since we are talking about a background check. Chances are we the word you are looking for is "exemplary damage": "Exemplary damages may be awarded when the defendant acted in a malicious, violent, oppressive, fraudulent, wanton or grossly reckless way in causing the special and general damages to the plaintiff." (taken from the legal dictionary) or maybe even "punitive damage":"On occasion punitive damages can be greater than the actual damages, as, for example, in a sexual harassment case or fraudulent schemes. Although often asked for, they are seldom awarded." (also taken from the legal dictionary). However, since there are no specific references as to the type of damage, I would should leave it as "damage" because it includes the above mentioned types of damages and all others: "damages
n. the amount of money which a plaintiff (the person suing) may be awarded in a lawsuit. There are many types of damages. Special damages are those which actually were caused by the injury and include medical and hospital bills, ambulance charges, loss of wages, property repair or replacement costs or loss of money due on a contract. The second basic area of damages are general damages, which are presumed to be a result of the other party's actions, but are subjective both in nature and determination of value of damages. These include pain and suffering, future problems and crippling effect of an injury, loss of ability to perform various acts, shortening of life span, mental anguish, loss of companionship, loss of reputation (in a libel suit, for example), humiliation from scars, loss of anticipated business and other harm. The third major form of damage is exemplary (or punitive) damages, which combines punishment and the setting of public example. Exemplary damages may be awarded when the defendant acted in a malicious, violent, oppressive, fraudulent, wanton or grossly reckless way in causing the special and general damages to the plaintiff. On occasion punitive damages can be greater than the actual damages, as, for example, in a sexual harassment case or fraudulent schemes. Although often asked for, they are seldom awarded. Nominal damages are those given when the actual harm is minor and an award is warranted under the circumstances. The most famous case was when Winston Churchill was awarded a shilling (about 25 cents) against author Louis Adamic, who had written that the British Prime Minister had been drunk at a dinner at the White House. Liquidated damages are those pre-set by the parties in a contract to be awarded in case one party defaults as in breach of contract." (the legal definition of Damages in the Legal Dictionary)

Reference: http://www.law.com

Caroline Schena
Italy
Local time: 11:22
Native speaker of:

English,

French

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Reato - danneggiamento

English translation: Vandalism, malicious mischief

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English translation: Vandalism, malicious mischief

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