For the configurability of the crime of fraudulent declaration through the use of subjectively non-existent invoices, the user's awareness of the fraud committed by the supplier is required. From this it follows that, since it is a crime of danger, regardless of actual tax evasion, even the possible fraud is sufficient. Ad...
On the subject of stalking, the publication of merely mocking and mocking posts on a Facebook page accessible to anyone who does not integrate the conduct of the persecutory acts referred to in art. 612 to c.p., lacking the requirement of inevitable invasiveness connected with sending 'private' messages (by sms, phone calls,...
Bankruptcy is a criminal case of bankruptcy criminal law, and it consists of a concealment activities of the royal heritage put in place by the agent, or a destabilization activities of the heritage, direct to realize insolvency, even simulated, to the detriment of creditors. The offenses ...
With regard to the acquisition of the statements made during preliminary investigations in the hearing file, art. 500, co. 4, c.p.p. (according to which the statements contained in the file of the public prosecutor previously made by the witness are acquired in the file of the trial) also applies to ...
On the subject of defamation, the exemption of the right to criticize postulates a correct expository form, strictly functional to the purpose of disapproval and which does not lead to the gratuitous and unjustified aggression of others' reputation, but it does not prohibit the use of terms that, although objectively offensive, they also have the meaning ...
On the subject of illegal subdivision, the effective and complete elimination of all the works and subdivisions carried out in implementation of the subdivision intent, which is achieved, in the absence of definitive transformations of the territory, the land and cadastral reorganization of the places in the pre-existing state ascertained in the judgment..
In the shortened appeal proceedings, the parties do not have a right to the taking of new evidence, but they only have the power to solicit the exercise of the investigative powers referred to in art. 603, co. 3, c.p.p, essendo rimessa al Giudice di II grado la valutazione dell’assoluta necessità dell’integrazione...
While in the hypothesis of prescriptive judicial control by public initiative (ex art. 34 to d.lgs. 159/11) the assessment of the prerequisite of the concrete danger of mafia infiltration, suitable to condition economic activities and companies, it is reserved exclusively for the prevention judge -...
Cannabis light refers to cannabis inflorescences that have a low THC content. The quantitative data of this active principle, which must be referred to in relation to the lawfulness of cultivation and consequent marketing, is established by Law no. 242/2016, which limits cultivation,...
For the purposes of configuring the offense for driving under the influence of alcohol, it is up to the Public Prosecution body, as part of the test of the correct measurement of the alcohol level using a breathalyser, demonstrate the regularity of the periodic checks to which the breathalysers must be subjected annually. Once...