On the issue of self-defense 'home', also in the light of the regulatory novum referred to L. 36/2019, detrimental for the reaction of the subject agent may be parted, for the existence of self-defense must be provided that the intrusion took place in the house with violence or threats (in...
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 proof of the specific intent of tax evasion, As the failure declaration aimed evasion of income tax and value added tax, in the statement omitted crime in art. 5 d.lgs. 74/2000, can be inferred from the extent of exceeding the punishment threshold together with the full ...
For the purposes of recognition or exclusion of the minor fact ex art. 73, co. 5, D.P.R. 309/90, the overall evaluation of the indices listed by the provision in question is necessary. Only then after the overall evaluation of all the indices that determine the typical profile ...
On the subject of bankruptcy crimes, art. 216, co. 1, n. 2, L.F. it sets up two distinct hypotheses of fraudulent documentary bankruptcy. The first consists in subtraction, destruction or falsification of the scriptures and is characterized by the specific intent to procure an unjust for himself or others ...
In the case of driving under the influence is no obligation of prior notice to the driver involved in a road accident to be assisted by counsel of trust (in accordance with Articles 356 the Penal Code and 114 of the provisions implementing the code of ...
The call in corrità or in reità cannot in itself only constitute full proof of responsibility and needs feedback, which can be made up of any element or evidentiary data, both representative and logical, provided it is independent, thus being able to solve in ...
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 ...
Sale of an asset on Ebay of an asset not delivered to the buyer despite payment of the price: it's contractual scam. This was stated by the Court of Cassation, specifying that it integrates the fraudulent conduct envisaged by art. 640 c.p. that of those who are accredited on ...
The so-called 'Roman salute' or 'Fascist salute' (even when accompanied by the expression 'present and we are proud of it') it constitutes an external or proper manifestation of the organizations or groups indicated in the law decree 122/1993, containing urgent measures in the field of racial discrimination, ethnic or religious, and it's...