Following the famous evolution of information and communication technologies, new known harmful or dangerous behaviors become significant, in specie, under the name of computer crimes. Cybercrime is any act or fact contrary to criminal law, in which a computer is...
The regulation of the prescription pursuant to art. 22 d. lgs. n. 231/01 has stimulated several questions on which the jurisprudence of legitimacy has been called to intervene. According to the terminology used by the legislator, this regime would only concern administrative sanctions (and not the administrative offence), arranging...
Review is the main extraordinary means of appeal, governed by articles. 629 e ss. c.p.p. , with which it can be engraved, essentially and absolutely, on the irrevocability of the criminal judgement. The object of the request for revision is the conviction sentence, the sentence issued pursuant to art. 444 co. 2 c.p.p. and the...
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 ...
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 alert notification ...
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 ...
The expression "aberratio" or "aberrant crime" refers to those hypotheses in which the agent realizes, by mistake in the means of execution or for any other cause, a crime other than the intended one, or causes an offense against a person other than the one he intended...
The provision pursuant to art 648 to c.p., in predicting the criminal figure of money laundering, sanctions – except in cases of complicity in the crime – anyone who replaces or transfers money, goods or other benefits deriving from an intentional crime, or does in relation to them..
The oral evidence in criminal proceedings is taken through the cross-examination of the witness, ie the set of rules by which the parties may ask questions directly and orally to the heads. At the Judge has the direct control about the form, having the Judicial ...
The alternatives to detention (governed by Law. n. 354/1975) consist of the implementation of the various sentences from the execution of the sentence in prisons. The competence to decide on their concession is assigned to the Probate Court. They can access the detainees who highlighted ...