The conduct of participation in a mafia-type association is embodied in the permanent insertion of the agent in the organizational structure of the association. Such insertion must prove suitable, for the characteristics assumed in the specific case, to give rise to the 'making available' of the association itself, per il perseguimento dei...

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...

The mere report or recommendation of the private person does not constitute moral concurrence in the crime of abuse of office, in the absence of further positive or compulsory behaviors that have a decisive effect on the conduct of the qualified subject, atteso che la raccomandazione lascia libera la volontà del soggetto attivo...

On the subject of wear, the state of need is not to be understood as a state of necessity such as to absolutely annihilate any freedom of choice, but as an urgent nagging that, limiting the will of the subject, induce him to resort to credit on terms..

The artifice and deception provided for by art. 640 c.p. they do not consist only of a peculiar one, subtle and shrewd representation of reality, artfully falsely described, any simulation or dissimulation or any shrewd or sneaky expedient put in place to induce someone into ...

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 ...

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 ...

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 ...

For the purposes of configuring the crime of mistreatment, the identification of systematic conduct is not required - notion, the latter, which sends to the pre-ordination and structuring of a real program aimed at humiliation and annihilation of the victim - being, instead, the habituality with respect to which the ...

On the subject of self-laundering, the term 'speculative activity', in accordance with the criteria of literal interpretation, teleological and extensive, it must be understood as inclusive not only of speculation that occurs in the financial or stock exchange sector, but also in the gaming and betting sector (sports or related ...