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...
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 concept of child pornography has encountered numerous problems regarding its correct definition. There are two criteria to take into consideration: the subjective criterion, linked to the impact that the representation has on those who come into contact with it; and the other of an objective nature, legato,...
Among the most tormented cases of the penal code, the crime of abuse of office pursuant to art. 323 c.p. over the years it has been the subject of a series of rewriting interventions that have significantly changed its original physiognomy. With the most recent reformulation, implemented with the discussed technique...
L’art. 2634 c.c. provides for the criminal case of patrimonial infidelity and states: The administrators, the general managers and liquidators, that, having an interest in conflict with that of the company, for the purpose of obtaining an unfair profit or other advantage for oneself or others, they do....
The hypothesis of failure to keep accounting records can fall within the scope of documentary bankruptcy, but only if it is ascertained that the purpose of the omission was to cause harm to creditors, given that otherwise it would be impossible to distinguish this case from that one, similar from a material point of view, Preview...
Criminal tax law punishes the violation of tax rules, i.e. the rules regarding taxes. The tax rules are designed to protect the interest of the financial administration in the exercise of assessment powers, control and collection of taxes. Despite the innovations introduced by Law no. 157/2019,...
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 ...
Process suspension with probation is an alternative way of defining the process, activated from the preliminary investigation stage, through which it is possible to reach a ruling of acquittal for extinction of the crime, where the trial period you access...
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,...