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 Prosecutor, ex art....
The subject of the prescription, starting from its nature, substantive rather than procedural, it is one of the most debated for the issues it raises in the relationship between domestic and European law. While the dialogue between national and European Courts is still ongoing, the institution of prescription..
The alternatives to detention (governed by Law. n. 354/1975) consist of the implementation of the various sentences from the execution of the sentence in prisons. The competence to decide on their concession is assigned to the Probate Court. They can access the detainees who highlighted ...
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 probationary period accessed by the suspect /...
All fraudulent tax crimes, and therefore also that of tax fraud, are suitable to act as a prerequisite for money laundering because the reference of the art. 648 to c.p. the 'other utilities' can well include the cost savings that the agent obtains by avoiding paying the ...
The Cartabia reform in the criminal trial was an important step forward in the evolution of the Italian judicial system. Introduced in 2021, this reform brought significant changes to the Criminal Procedure Code, with the aim of improving the efficiency and effectiveness of criminal proceedings, while ensuring the...
Bribery is a crime which is defined as the abuse of power or extortion by a public official or public service officer. It is considered a form of bribery and is prosecuted by law in many countries. Concussion occurs when...
The preliminary hearing before celebrating the G.U.P., and its function is to ensure that the judge checks the validity and the merits of the indictment formulated by p.m. . In addition to this, It can act as a seat for advance definition of the procedure, could 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,...
The Review is the means of appeal available against the ordinances that order the application of coercive and real 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 ...