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 ...
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. 444 co. 2 c.p.p. and the...
The expression "aberratio" or "aberrant crime" refers to those hypotheses in which the agent realizes, by mistake in the means of execution or for any other cause, a crime other than the intended one, or causes an offense against a person other than the one he intended...
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 ...
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 ...
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 facilitate the amendment of the offender by reintegrating him into the juridical position enjoyed until the conviction is pronounced through the elimination of the consequences..
Process suspension with probation is an alternative way of defining the process, activated from the preliminary investigation stage, through which it is possible to reach a ruling of acquittal for extinction of the crime, where the probationary period accessed by the suspect /...
L’art. 656 c.p.p. It represents a transition from procedural cognitive phase, that ends with the res judicata of the judgment, to the execution phase, in which shall be put into execution of the sentence. The procedural order gives the p.m. the duty to issue the order ...
The subject of the prescription, starting from its nature, substantive rather than procedural, it is one of the most debated for the issues it raises in the relationship between domestic and European law. While the dialogue between national and European Courts is still ongoing, the institution of the statute of limitations is al ...
The decree of summons to judgment is the act by which the p.m. prosecutes citing the accused to appear directly before the Judge Tribunal and is covered by the 'art. 552 c.p.p. . With this mode of vocatio in ius, being the p.m. to adopt the decree,...