The Code of Criminal Procedure, all'art. 438, defines the summary procedure as a judgment on the merits of the guilt or innocence of the accused, which takes place in the preliminary hearing or during the conversion of another special rite. This ritual, indeed, is characterized by the exclusion of the debate, central phase...
A criminal proceeding can be defined with a criminal decree of conviction when for the crimes in dispute it is possible to apply a final sanction consisting only of a pecuniary penalty, even if inflicted in lieu of prison. When, for any legal effect, a review must be carried out...
With sentence no. 21241 of the 17 March 2022 (dep. 31 May 2022), the first criminal section of the Court of Cassation has offered important indications regarding the rules for evaluating circumstantial evidence, with particular reference to the so-called. “alibi falso” e al mendacio dell'imputato L'art. 192 c.p.p....
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...
Embezzlement is the crime of terrorism under Article. 646 the Criminal Code and belongs to the category of crimes against property. If the crime of theft guarantees the ownership through the protection of possession, misappropriation protects the rights of the owner when a breach of ownership ...
On the subject of theft, where the agent, operating in the same temporal and spatial context, It comes into possession of a piece of property and fails, for reasons beyond their control, to take possession of other existing in the same place, It is realized only consumed a crime, not being able to ...
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..
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 /...
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 ...