Regarding the responsibility of the healthcare professionals, in base all’art. 2, co. 4, c.p., in light of the supervening fundamental rules on medical liability, is worth saying art. 3 of the so-called Balduzzi Law (which introduced an exemption for facts characterized by ...
For the purposes of the criminal charge, the fault has not only an objective side, focused on conduct in violation of a precautionary rule, but also a subjective side, connected to the agent's ability to observe the precautionary rule. The subjective and personal profile of the fault..
When the judicial police officer collects information from the suspect, in the absence of the defender, to ascertain the actual consummation of a crime, they are not usable, pursuant to Article. 350, co. 6, c.p.p. . Nor could it be invoked, in a different sense, the special discipline contained in the article 220 of the provisions of ...
On the subject of stalking, the publication of merely mocking and mocking posts on a Facebook page accessible to anyone who does not integrate the conduct of the persecutory acts referred to in art. 612 to c.p., lacking the requirement of inevitable invasiveness connected with sending 'private' messages (by sms, phone calls,...
For the purpose of recognizing the cause of non-punishment pursuant to art. 13 d.lgs. 74/2000, provided for the crimes referred to in Articles. 10 to (failure to pay withholdings due or certified), 10 Tue (failure to pay VAT) e 10 quater, co. 1, (undue compensation)...
On the subject of tax offenses, the crime of fraudulent use in the declaration of invoices for non-existent operations is integrated, with reference to direct taxes, by only objective non-existence, or rather that relating to diversity, total or partial, between costs indicated and costs incurred, while, with regard ...
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 ...
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' ...
The crime of substitution is supplemented by the conduct of the person who creates and uses a 'profile' on a social network by illegally using the image of a completely unaware person, associated with a fancy nickname and negative personal characteristics. The Cassation highlighted ...
With regard to the acquisition of the statements made during preliminary investigations in the hearing file, art. 500, co. 4, c.p.p. (according to which the statements contained in the file of the public prosecutor previously made by the witness are acquired in the file of the trial) also applies to ...