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 ...
In shutdown issue in flagrante delicto, the integration of the hypothesis of 'almost flagrante' presupposes that the police perceive directly the elements which suggests a high probability the responsibility of the person arrested and, then, there must be a direct perception of the suspect's 'surprise' ...
The crime of substitution is supplemented by the conduct of the person who creates and uses a 'profile' on a social network by illegally using the image of a completely unaware person, associated with a fancy nickname and negative personal characteristics. The Cassation highlighted ...
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 ...
All fraudulent tax crimes, and therefore also that of tax fraud, are suitable are suitable to act as a prerequisite for money laundering because the reference in art. 648 to c.p. the 'other utilities' may well include the cost savings that the agent obtains by avoiding ...
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 ...
The crime of failure to provide assistance is also committed in the presence of possible fraud. However, the assessment of the factual circumstances - such as the extreme lightness of the damage caused, the presence of several passers-by ready to help the injured person, and the fact that the investor is ...