In terms of precautionary measures, the relevance and practicality of the precautionary requirements should not be conceptually confused with actuality and reality of criminal behavior. The recurrence risk of criminal behavior (ex art. 274, co. 1, became. c. c.p.p.) can be legitimately deduced from the ...
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 ...
In the crime of stalking, the subjective element is integrated by the general intent, which it consists in the desire to engage in the conduct of threat and harassment in the awareness of the suitability of the same to the production of one of the events alternately provided by incriminating rule, is that,...
The aggravating circumstance of trivial reasons exists where the criminal determination has been induced by an external stimulus such lievità, banality and disproportion, compared to the seriousness of the offense, to appear, according to the common way of feeling, assolutamente insufficiente a provocare l’azione criminosa e da...
Responds of embezzlement representative of a company operating the hotel business who fails to pay the municipality the tourist tax. The crisis of liquidity of the company, It occurred at the time of the expiry of the payment of tax, has effectively excuse, unless...
The offense of assisted suicide (art. 580 c.p.) It is not unconstitutional, the working and the protection of the right to life, especially of people who could be induced to an extreme and irreparable chosen by conditions of weakness and vulnerability. These protection requirements are ...
On the subject of bankruptcy crimes, is configurable contest the crime of fraudulent bankruptcy by a person unrelated to failure if it is found, As to the subjective element, the voluntary nature of dell'extraneus conduct intake to that dell'intraneus, with the understanding that it determines a depletion ...
duration containment Action few seconds realized by a police officer against a demonstrator: there is no private violence. He specified the V Chamber of the Supreme Court, pointing out that, the integration of domestic violence crime, it is necessary that the ...
Reform Assuming exculpatory sense of a sentence, The judge of appeal has no obligation to renew the hearing education by examining the individuals who have made statements deemed decisive for the conviction of first degree. However, the Court of Appeal, previous,...
The diversity of drugs object of the conduct is not in itself an impediment to the configurability of the offense under Article. 73, co. 5, D.P.R. 309/90, since it is necessary to make an overall assessment of the elements of the specific case selected in relation to all ...