The structure of the Vassalli Code gives the parties powerful levers in the fertile terrain of the government of oral criminal evidence (c.d. parts process), of which the so-called. cross examination which in the sector of declarative proof represents the Novum organum (orality, Like this, assume...
In the event of a conviction being appealed, the sentence of acquittal in first instance is overturned (overturning), all the reasons put forward in support of the first degree acquittal decision must be specifically refuted, "promptly demonstrating the unsustainability on a logical and legal level of the most relevant arguments..
The investigative activity carried out by the defender has some specific peculiarities that distinguish it from that of the public prosecution: it is purely optional, as opposed to the typical compulsory investigations of the Public Prosecutor; has a unilateral purpose, in the sense that it aims exclusively at the defense of the client, where the Public...
With sentence no. 21241 of the 17 March 2022 (dep. 31 May 2022), the First Criminal Section of the Court of Cassation has offered important indications regarding the rules for evaluating circumstantial evidence, with particular reference to the so-called. “false alibi” and at the behest of the defendant Art..
The three forms of seizure provided for in the Criminal Procedure Code are evidentiary, conservative and budget. The seizure of evidence is a means of testing research; the remaining two belong to the genus of the precautionary measures. A common feature of the three types of sequestration is the affixing of a ...
Manslaughter is a crime provided for by art. 584 c.p. The law punishes with imprisonment from 10 a 18 years whoever causes the death of a man with acts aimed at committing one of the crimes provided for by the articles. 581 e 582 c.p. (beatings and injuries). It's about....
According to what is established by the combined provisions of the new articles. 268 comma 4, 269 C.p.p. and 89-bis provisions. to. C.p.p., reports and wiretaps, together with the decrees they have issued, authorized, validated or extended the same, are stored in the recently introduced digital archive held...
Bankruptcy is a legal concept that refers to the situation in which a person or company is unable to meet its financial and credit obligations. In general terms, bankruptcy involves the inability to pay debts when due, which can....
The identification of the scope of the employer's liability in the context of collective bodies traditionally represents an important test of the fundamental principles of criminal law. In fact, two opposing needs confront each other in the field. On the one hand there is that of identifying, even in....
The warranty information is the act by which the p.m. It informs the suspect debit provisional moved, with laws that are to be violated, the date and place of the event taken as a criminal whereby it was invited to appoint a defender of trust. The notification ...