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 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....
The events of the criminal immunity of Parliamentarians in the Republican period are marked by a watershed: the l. cost. 29 October 1993, n. 3, which decisively modified the original structure of the art. 68 Cost. This article was approved by the constituents without significant debate on the appropriateness..
the crime of concealment or destruction of accounting documents is provided for by art. 10 D.L.gs n.74/2000, which verbatim provides that "Unless the fact constitutes a more serious crime, anyone is punished with imprisonment from three to seven years, in order to evade taxes..
The structure of the Vassalli Code gives the parties powerful levers in the fertile terrain of the government of oral criminal evidence (c.d. parts process), of which the so-called. cross examination which in the sector of declarative proof represents the Novum organum (orality, Like this, assume...
In the event of a conviction being appealed, the sentence of acquittal in first instance is overturned (overturning), all the reasons put forward in support of the first degree acquittal decision must be specifically refuted, "promptly demonstrating the unsustainability on a logical and legal level of the most relevant arguments..
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...
With sentence no. 21241 of the 17 March 2022 (dep. 31 May 2022), the First Criminal Section of the Court of Cassation has offered important indications regarding the rules for evaluating circumstantial evidence, with particular reference to the so-called. “false alibi” and at the behest of the defendant Art..
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 ...
Manslaughter is a crime provided for by art. 584 c.p. The law punishes with imprisonment from 10 a 18 years whoever causes the death of a man with acts aimed at committing one of the crimes provided for by the articles. 581 e 582 c.p. (beatings and injuries). It's about....