In shutdown issue in flagrante delicto, the integration of the hypothesis of 'almost flagrante' presupposes that the police perceive directly the elements which suggests a high probability the responsibility of the person arrested and, then, there must be a direct perception of the suspect's 'surprise' ...
The crime of substitution is supplemented by the conduct of the person who creates and uses a 'profile' on a social network by illegally using the image of a completely unaware person, associated with a fancy nickname and negative personal characteristics. The Cassation highlighted ...
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 ...
All fraudulent tax crimes, and therefore also that of tax fraud, are suitable are suitable to act as a prerequisite for money laundering because the reference in art. 648 to c.p. the 'other utilities' may well include the cost savings that the agent obtains by avoiding ...
The three forms of seizure provided for in the Criminal Procedure Code are evidentiary, conservative and budget. The seizure of evidence is a means of testing research; the remaining two belong to the genus of the precautionary measures. A common feature of the three types of sequestration is the affixing of a ...
The crime of failure to provide assistance is also committed in the presence of possible fraud. However, the assessment of the factual circumstances - such as the extreme lightness of the damage caused, the presence of several passers-by ready to help the injured person, and the fact that the investor is ...
He risks a sentence for false ideology that the bankruptcy trustee, in its report, deviates from the peaceful principles, affirmed by the Court of legitimacy regarding bankruptcy crimes. The activities of the curator can not, indeed, be considered completely discretionary and therefore out of the range of ...
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, closing date.
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 ...
On the subject of circumstances impeding arrest in the act, represented by the cause of justification for the fulfillment of a duty or the exercise of a legitimate right, and a cause of non-punishment, it is not required that they exist clearly, being able to be even likely to exist ....