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 ...
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.,...
Legitimate defense is the cause of justification provided for by Article. 52 c.p., thus ruling, upon the occurrence of certain conditions identified by the legislator, the configuarbilità a fact of crime. Allows, within well-defined limits laid down by the Law, the legitimacy of self-protection can be operated in contexts ...
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 review is a form of appeal against the ordinance providing for the application of coercive and asset precautionary measures. Against the measures they are determining in order to change or revocation of a measure already previously prepared, and against the ordinances that have the application ...
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 notification ...
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 ...
Embezzlement is the crime of terrorism under Article. 646 the Criminal Code and belongs to the category of crimes against property. If the crime of theft guarantees the ownership through the protection of possession, misappropriation protects the rights of the owner when a breach of ownership ...
L’art. 415 twice c.p.p. regulates the legal institution of the opinion of the suspect, preliminary investigations. With this provision the Legislature wanted to ensure the suspect object has the ability to effectively exercise their right of defense at a time compared to the prior prosecution by the ...
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 ...