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 /...
L’art. 656 c.p.p. It represents a transition from procedural cognitive phase, that ends with the res judicata of the judgment, to the execution phase, in which shall be put into execution of the sentence. The procedural order gives the p.m. the duty to issue the order ...
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 the statute of limitations is al ...
The decree of summons to judgment is the act by which the p.m. prosecutes citing the accused to appear directly before the Judge Tribunal and is covered by the 'art. 552 c.p.p. . With this mode of vocatio in ius, being the p.m. to adopt the decree,...
The oral evidence in criminal proceedings is taken through the cross-examination of the witness, ie the set of rules by which the parties may ask questions directly and orally to the heads. At the Judge has the direct control about the form, having the Judicial ...
The judgment very direct way is a special criminal proceedings, requirements of Art. 449 e ss. del c.p.p., characterized by the preliminary hearing and lack of pre-trial phase. When a citizen is arrested in flagrante delicto, it p.m. It can introduce him into custody directly in front of the judge ...
On the issue of test, the alibi failed to be considered as an element completely agnostic in terms of evidence and, therefore, which has not been even a hint; only in the case in which it was acquired aliunde proof of the responsibility it may constitute a supplementary element, of closing the evidentiary construct....
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 ...
On the issue of test, the alibi failed to be considered as an element completely agnostic in terms of evidence and, therefore, which has not been even a hint; only in the case in which it was acquired aliunde proof of the responsibility it may constitute a supplementary element, closing date.
For the purposes of configuring the crime of mistreatment, the identification of systematic conduct is not required - notion, the latter, which sends to the pre-ordination and structuring of a real program aimed at humiliation and annihilation of the victim - being, instead, the habituality with respect to which the ...