He d. lgs. 8 June 2001, n. 231 represented a real turning point in both criminal and commercial law, intertwining the essential profiles of both areas, returning a regulatory complex that entered with a straight leg, a lot in the world ...
With reference to the crime of concealing or destroying accounting records (ex art. 10 d.lgs. 74/2000), when you can't rebuild, not even partially, the income and volume of business, cannot be located, nell’an e, However, net amount, any tax due, so that ...
To define the exact moment from which to count the expiry of the limitation period of the building crime, the nature of this criminal offense must first be established. Therefore, it will be necessary to establish whether the infringement provided for by art. 44 del T.U. of construction possesses the characteristics of a permanent offense or ...
The causes of justification o, objective causes for the exclusion of the crime, also known as exigencies or causes of lawfulness, they are particular situations in the presence of which a fact, which otherwise would be considered a crime, this is not because the law allows it, impose it or....
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 ....