The distinctive element between the crime of embezzlement and that of aggravated fraud, according to the article 61, number 9, of the criminal code, it must be identified with reference to the methods of possession of the money or other movable property of others subject to appropriation, recurring the first figure when the...
On the subject of abuse of office, the public employee's duty to abstain is based on the article 6 bis of the law n. 241 of the 1990 and in the article 7 of Presidential Decree n. 62 of the 2013. In particular, the article 6 to - introduced by the law n. 190 of the 2012...
There is the aggravating circumstance of the 'impaired defense' in the hypothesis of fraud committed through the sale of products online; in this case, the distance between the victim's location, who usually pays the price of the goods sold in advance, and what in which, instead, and...
The causes of justification o, objective causes for the exclusion of the crime, also known as exigencies or causes of lawfulness, they are particular situations in the presence of which a fact, which otherwise would be considered a crime, this is not because the law allows it, impose it or....
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 ...
On the subject of theft, where the agent, operating in the same temporal and spatial context, It comes into possession of a piece of property and fails, for reasons beyond their control, to take possession of other existing in the same place, It is realized only consumed a crime, not being able to ...
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 ...
The investigative activity carried out by the defender has some specific peculiarities that distinguish it from that of the public prosecution: it is purely optional, as opposed to the typical compulsory investigations of the Public Prosecutor; has a unilateral purpose, in the sense that it aims exclusively at the defense of the client, where the Public Prosecutor, ex art....
The subject of the prescription, starting from its nature, substantive rather than procedural, it is one of the most debated for the issues it raises in the relationship between domestic and European law. While the dialogue between national and European Courts is still ongoing, the institution of prescription..
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 ...