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...
The so-called 'Roman salute' or 'Fascist salute' (even when accompanied by the expression 'present and we are proud of it') it constitutes an external or proper manifestation of the organizations or groups indicated in the law decree 122/1993, containing urgent measures in the field of racial discrimination, ethnic or religious, and it's...
Regarding the responsibility of the competent doctor for the death of a worker, died as a result of an undiagnosed disease, the assumption of subjective reproach implies the predictability of the event that must be accomplished ex ante, referring to the time when the conduct was placed ...
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 mere report or recommendation of the private person does not constitute moral concurrence in the crime of abuse of office, in the absence of further positive or compulsory behaviors that have a decisive effect on the conduct of the qualified subject, atteso che la raccomandazione lascia libera la volontà del soggetto attivo...
The hermeneutic address that considers the crime of fraudulent declaration through the use of invoices or other documents for non-existent operations must be confirmed, even in the event of possible fraud, to be understood in terms of lucid acceptance, by the agent, of the harmful event, and therefore also of the ...
The discriminating case of self-defense, resulting from the changes introduced by Law. 36/19, postulates as additional requirements to that of proportion (ex art. 52 c.p.), the commission of a trespass by the aggressor; the legitimate presence of the agent in the places of the illicit predatory intrusion..
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,...
The acquittal due to a statute of limitations does not prevent the confiscation of the profit from the tax offense if its existence has been ascertained.. It is also of no importance that the measure was adopted in the equivalent form and not directly. In this sense, the Supreme Court confirms ...
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 ...