The structure of the Vassalli Code gives the parties powerful levers in the fertile terrain of the government of oral criminal evidence (c.d. parts process), of which the so-called. cross examination which in the sector of declarative proof represents the Novum organum (orality, Like this, assume...
The appeal judgment in the Italian criminal trial constitutes one of the most relevant joints of the appeal system e, more generally, of the guarantee principle that permeates the entire procedural system, Since it allows a full review of the judicial affair by a jurisdictional body ...
The crime of extortion, governed by the article 629 the Penal Code, It is configured when a subject, through violence or threat, forces another to do or omit something, thus obtaining an unfair profit with others' damage, and is qualified by doctrine and jurisprudence as ...
The oral evidence in criminal proceedings is taken through the cross-examination of the witness, ie the set of rules by which the parties may ask questions directly and orally to the heads. At the Judge has the direct control about the form, having the Judicial ...
Whoever, outside the cases provided for by the article 285, in order to kill, carries out acts that endanger public safety and is punished, if the event results in the death of several people, with life imprisonment. If the death of only one person is caused, applies ...
Rehabilitation is an institute of substantial law counted among the extinguishing causes of the sentence and, as such, governed by the articles of the Criminal Code 178-181. It aims to encourage the amendment of the offender reintegrating it into the legal position enjoyed until the pronunciation of the sentence ...
Review is the main extraordinary means of appeal, governed by articles. 629 e ss. c.p.p. , with which it can be engraved, essentially and absolutely, on the irrevocability of the criminal judgement. The object of the request for revision is the conviction sentence, the sentence issued pursuant to art....
A criminal proceeding can be defined with a criminal decree of conviction when for the crimes in dispute it is possible to apply a final sanction consisting only of a pecuniary penalty, even if inflicted in lieu of prison. When, for any legal effect, a review must be carried out...
The appeal by cassation is an ordinary means of appeal, that is to say proposable exclusively against a sentence that has not become definitive, to bound criticism, as the deductible reasons are strictly indicated by the legislator, consistent in a specific errors in the procedure o in a judging,...
The case of the correo call, or call in the field, whatever you want to call it, refers to the hypothesis in which, the accusatory system is based, also, on the declarations made by a defendant against other co -defendants or by defendants for crimes connected or connected to the one for which ...