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 ...
The crime of failure to provide assistance is also committed in the presence of possible fraud. However, the assessment of the factual circumstances - such as the extreme lightness of the damage caused, the presence of several passers-by ready to help the injured person, and the fact that the investor is ...
Regarding the responsibility of the competent doctor for the death of a worker, died as a result of an undiagnosed disease, the assumption of subjective reproach implies the predictability of the event that must be accomplished ex ante, referring to the time when the conduct was placed ...
On the subject of corporate liability, in the presence of a declaration of prescription of the predicate offense, the judge, pursuant to Article. 8, co. 1, became. B, del d.lgs. 231/2001, must proceed with the autonomous assessment of the administrative responsibility of the legal person of the legal person in whose interest ...
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.,...
The principle of secularism expressed by the Consulta with sentence n. 203 of the 1989, it was later clarified by other judgments, including those on the subject of crimes against religious sentiment, like the no. 508 of the 2000, with which it was expunged from the law..
The crime of persecutory acts is supplemented by the conduct of bullying by the employer who puts in place a targeted reiteration of multiple attitudes converging in expressing hostility towards the employee and preordained for his mortification and isolation in the workplace: Employer's conduct..
There is the aggravating circumstance of the 'impaired defense' in the hypothesis of fraud committed through the sale of products online; in this case, the distance between the victim's location, who usually pays the price of the goods sold in advance, and what in which, instead, and...
The mitigating circumstance of provocation is provided for in art. 62 n. 2 of the penal code and consists in "having acted in a state of anger caused by an unjust act of another person". First of all, the extenuating circumstance in speech is a very different institution from provocation, i.e. the cause of justification provided for by art. 599 comma 2...
The right to be forgotten, recognized for the first time by European jurisprudence in the Google Spain SL case, Google Inc. vs. AEPD, Mario Costeja Gonzále (case C-131/12), is the right to obtain the elimination of personal data by the cd. intermediary (es. search engine), if the interested party deems them...