The impaired defense is a common aggravating circumstance that occurs, ex art. 61 co. 1 n. 5, when the offender has committed the crime by taking advantage of a weak situation of the offended person, weakness generally related to time, to the place, or to a particular ...
The subject of the prescription, starting from its nature, substantive rather than procedural, it is one of the most debated for the issues it raises in the relationship between domestic and European law. While the dialogue between national and European Courts is still ongoing, the institution of the statute of limitations is al ...
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 Prosecutor, ex art....
The probative is a procedural institution that allows the anticipation of the phase of the test formation in the course of the preliminary investigations or in the preliminary hearing. It finds its ratio in the need to ensure those sources of evidence that for certain reasons, strictly defined by Article. 392 c.p.p.,...
The Naples Bar Association is the oldest in the world. It was established in 1780 by Ferdinand IV of Bourbon. L'albo was compiled in order to establish the Neapolitan College of Advocates, a pragmatic of the King who established and regulated the Bar Association of Naples. Fu un...
The typical conduct of the crime of theft with snatch, ex art. 624 to c.p., it occurs when the violence is immediately directed towards the thing and only indirectly towards the person who holds it, though, due to the physical relationship between ....
On the subject of illegal subdivision, as established by the United Sections (as established by the United Sections 2020 as established by the United Sections), as established by the United Sections. 44, co. 2, as established by the United Sections 380/01 it can also be ordered in the presence of an extinguishing cause determined by the prescription of the crime provided that ...
The preliminary hearing before celebrating the G.U.P., and its function is to ensure that the judge checks the validity and the merits of the indictment formulated by p.m. . In addition to this, It can act as a seat for advance definition of the procedure, could the ...
On the subject of corporate liability, in the presence of a declaration of prescription of the predicate offense, the judge, pursuant to Article. 8, co. 1, became. B, del d.lgs. 231/2001, must proceed with the autonomous assessment of the administrative responsibility of the legal person of the legal person in whose interest ...
For the purposes of recognition or exclusion of the minor fact ex art. 73, co. 5, D.P.R. 309/90, the overall evaluation of the indices listed by the provision in question is necessary. Only then after the overall evaluation of all the indices that determine the typical profile ...