On the subject of building offenses, the judge, in implementing the demolition order of an illegal property used as a dwelling, is required to respect the principle of proportionality as developed by the jurisprudence of the European Court of Human Rights. The need to guarantee....
IT data (files) they qualify as movable things under the criminal law e, therefore, theft from a corporate personal computer constitutes embezzlement conduct, entrusted for business purposes, of the computer data placed there, subsequently providing for the cancellation of the same data ...
On the subject of bankruptcy crimes, art. 216, co. 1, n. 2, L.F. it sets up two distinct hypotheses of fraudulent documentary bankruptcy. The first consists in subtraction, destruction or falsification of the scriptures and is characterized by the specific intent to procure an unjust for himself or others ...
On the issue of test, the alibi failed to be considered as an element completely agnostic in terms of evidence and, therefore, which has not been even a hint; only in the case in which it was acquired aliunde proof of the responsibility it may constitute a supplementary element, of closing the evidentiary construct....
The conduct of participation in a mafia-type association is embodied in the permanent insertion of the agent in the organizational structure of the association. Such insertion must prove suitable, for the characteristics assumed in the specific case, to give rise to the 'making available' of the association itself, for the pursuit of....
L’art. 656 c.p.p. It represents a transition from procedural cognitive phase, that ends with the res judicata of the judgment, to the execution phase, in which shall be put into execution of the sentence. The procedural order gives the p.m. the duty to issue the order ...
For the configurability of the crime of fraudulent declaration through the use of subjectively non-existent invoices, the user's awareness of the fraud committed by the supplier is required. From this it follows that, since it is a crime of danger, regardless of actual tax evasion, even the possible fraud is sufficient. Ad...
On the subject of stalking, the publication of merely mocking and mocking posts on a Facebook page accessible to anyone who does not integrate the conduct of the persecutory acts referred to in art. 612 to c.p., lacking the requirement of inevitable invasiveness connected with sending 'private' messages (by sms, phone calls,...
Bankruptcy is a criminal case of bankruptcy criminal law, and it consists of a concealment activities of the royal heritage put in place by the agent, or a destabilization activities of the heritage, direct to realize insolvency, even simulated, to the detriment of creditors. The offenses ...
With regard to the acquisition of the statements made during preliminary investigations in the hearing file, art. 500, co. 4, c.p.p. (according to which the statements contained in the file of the public prosecutor previously made by the witness are acquired in the file of the trial) also applies to ...