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' ...
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 ...
L’art. 7 of D, L. 152/1991 provides an aggravation of the penalty for the crimes committed under the conditions provided for in Article 416bis C.P., which incriminates the mafia-type associations, including foreign, or committed in order to facilitate the activities of these associations. The provision in question is split, therefore,...
The legislative decree. 74/2000 split two hypotheses sanctioning in case of non-payment of withholding certified and non-payment of VAT. Pursuant to Article 10-bis of Legislative Decree. 74/2000, entitled omitted payment of withholding certificate, It shall be punished with imprisonment from six months to two years anyone who does not pay, within the time limit set for the ...
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 ...
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 ...
The probative is a procedural institution that allows the anticipation of the phase of the test formation in the course of the preliminary investigations or in the preliminary hearing. It finds its ratio in the need to ensure those sources of evidence that for certain reasons, strictly defined by Article. 392 c.p.p.,...
Legitimate defense is the cause of justification provided for by Article. 52 c.p., thus ruling, upon the occurrence of certain conditions identified by the legislator, configurability to a crime. Allows, within well-defined limits laid down by the Law, the legitimacy of self-protection can be operated in factual contexts ...
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 warranty information is the act by which the p.m. It informs the suspect debit provisional moved, with laws that are to be violated, the date and place of the event taken as a criminal whereby it was invited to appoint a defender of trust. The alert notification ...