On the issue of causation, the fault of the worker, competitor with the violation of the accident prevention rules ascribed to the employer or to the recipient's obligation to take appropriate preventive measures, exempt the latter from their responsibilities only when the anomalous behavior of the employee is absolutely ...
On the issue of remand in prison arranged for the offense under Article. 416 to c.p., for the purpose of overcoming the presumption regarding the subsistence of the precautionary requirements referred to in Article. 275, co. 3, c.p.p., It is not relevant the distinction between mafias 'historical' and formations ...
Receiving payment of 'good culture' for sale in new age of goods other than those provided by L. 208/15: is misappropriation of funds as against the State ? For the evaluation of the quantitative threshold is exceeded or not (four thousand euro) below ...
The fraud against the State for the perception of undue performance of loans and grants (ex art. 640 to c.p.), disbursed in periodic accruals, the offense is not permanent but prolonged consummation ì, because the subject agent manifested from the beginning the desire to achieve ...
On the issue of liability of bodies pursuant to Legislative Decree. 231/2001, the offense alleged against the person must match the one called to serve as a basis for the liability of legal persons, but the separation of trial positions of some of the accused of the predicate offense ...
The proof of the specific intent of tax evasion, As the failure declaration aimed evasion of income tax and value added tax, in the statement omitted crime in art. 5 d.lgs. 74/2000, can be inferred from the extent of exceeding the punishment threshold together with the full ...
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' ...
For the purposes of configurability of the crime of driving under the influence, the verbal the assessment carried out by breathalyzer must contain the certificate of the verification that the apparatus used for the alcoltests has been previously subjected to the prescribed and revised certificate and indispensable to the proper calibration. L’onere probatorio del completo...
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...
In terms of precautionary measures, the relevance and practicality of the precautionary requirements should not be conceptually confused with actuality and reality of criminal behavior. The recurrence risk of criminal behavior (ex art. 274, co. 1, became. c. c.p.p.) can be legitimately deduced from the ...