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.,...
They can be used in the procedural phase, and therefore in the precautionary accident and in any contractual proof rites, spontaneous declarations made by the person under investigation to the Judicial Police pursuant to art. 350, co. 7, c.p.p., as long as it is clear that the suspect has chosen to make them ...
On the subject of fraudulent asset bankruptcy, if the fact refers to relationships between companies belonging to the same group, the offense must be considered non-existent only if the indirect benefits for the bankrupt company prove capable of effectively compensating for the immediately negative effects and are ...
On the issue of libel or online publications journalistic tone, in order to set up exonerating the year of the record or right to criticize, conduct does not constitute in itself such as the fulfillment of the required burden of doing, in terms of content ...
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 ....
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 ...
It integrates the crime of material forgery in an administrative certificate committed by a private individual, ex artt. 477 e 482 c.p., the formation of a false attestation of the revision of a vehicle with a foreign license plate, performed in the country of registration with a positive outcome, even when the false indication ...
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 ...
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 ...
On the issue of self-defense 'home', also in the light of the regulatory novum referred to L. 36/2019, detrimental for the reaction of the subject agent may be parted, for the existence of self-defense must be provided that the intrusion took place in the house with violence or threats (in...