The mitigating circumstance of provocation is provided for in art. 62 n. 2 of the penal code and consists in "having acted in a state of anger caused by an unjust act of another person". First of all, the extenuating circumstance in speech is a very different institution from provocation, i.e. the cause of justification provided for by art. 599 comma 2 c.p. ....
Article 4-bis was introduced into the penitentiary system (law n. 354 of the 1975) from the legislative decree n. 152 of the 1991, and immediately modified - after the Capaci and Via D'Amelio massacres - from the legislative decree n. 306 of the 1992. The provision has undergone recurring changes over time..
The European arrest warrant ("MAE") is a simplified judicial procedure of surrender for the purpose of criminal prosecution or execution of a sentence or a security measure involving deprivation of liberty. A warrant issued by the judicial authorities of a Member State is valid throughout its territory..
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...
The review is a form of appeal against the ordinance providing for the application of coercive and asset precautionary measures. Against the measures they are determining in order to change or revocation of a measure already previously prepared, and against the ordinances that have the application ...
The concept of child pornography has encountered numerous problems regarding its correct definition. There are two criteria to take into consideration: the subjective criterion, linked to the impact that the representation has on those who come into contact with it; and the other of an objective nature, legato,...
Among the most tormented cases of the penal code, the crime of abuse of office pursuant to art. 323 c.p. over the years it has been the subject of a series of rewriting interventions that have significantly changed its original physiognomy. With the most recent reformulation, implemented with the discussed technique...
L’art. 2634 c.c. provides for the criminal case of patrimonial infidelity and states: The administrators, the general managers and liquidators, that, having an interest in conflict with that of the company, for the purpose of obtaining an unfair profit or other advantage for oneself or others, they do....
The hypothesis of failure to keep accounting records can fall within the scope of documentary bankruptcy, but only if it is ascertained that the purpose of the omission was to cause harm to creditors, given that otherwise it would be impossible to distinguish this case from that one, similar from a material point of view, Preview...
Criminal tax law punishes the violation of tax rules, i.e. the rules regarding taxes. The tax rules are designed to protect the interest of the financial administration in the exercise of assessment powers, control and collection of taxes. Despite the innovations introduced by Law no. 157/2019,...