Consumption abroad, not just pregnancy, but also the preparatory activities for carrying out a surrogacy entail the impossibility of prosecution in Italy. This was stated by the Supreme Court, clarifying the scope of the surrogacy ban, established by art. 12, co. 6, L....
Concerning the succession of collateral positions, when the obligation to prevent the event connected to a dangerous situation weighs on several people obliged to intervene at different times, ascertaining the causal link with respect to the event that occurred must be made with regard to the conduct and the ...
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,...
Regarding the responsibility of the healthcare professionals, in base all’art. 2, co. 4, c.p., in light of the supervening fundamental rules on medical liability, is worth saying art. 3 of the so-called Balduzzi Law (which introduced an exemption for facts characterized by ...
For the purposes of the criminal charge, the fault has not only an objective side, focused on conduct in violation of a precautionary rule, but also a subjective side, connected to the agent's ability to observe the precautionary rule. The subjective and personal profile of the fault..
When the judicial police officer collects information from the suspect, in the absence of the defender, to ascertain the actual consummation of a crime, they are not usable, pursuant to Article. 350, co. 6, c.p.p. . Nor could it be invoked, in a different sense, the special discipline contained in the article 220 of the provisions of ...
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,...
For the purpose of recognizing the cause of non-punishment pursuant to art. 13 d.lgs. 74/2000, provided for the crimes referred to in Articles. 10 to (failure to pay withholdings due or certified), 10 Tue (failure to pay VAT) e 10 quater, co. 1, (undue compensation)...
On the subject of tax offenses, the crime of fraudulent use in the declaration of invoices for non-existent operations is integrated, with reference to direct taxes, by only objective non-existence, or rather that relating to diversity, total or partial, between costs indicated and costs incurred, while, with regard ...
In the event of defamation via the web, the competent judge must be identified according to the accused's place of residence. The V Criminal Section of the Court of Cassation reminds us of the rule that establishes jurisdiction, with a sentence of particular interest, whereas, in the current ...