E 'intent to murder any who causes a fatal accident by moving the red
Supreme Court, ruling n.10411/2011
The Supreme Court has recognized, for the first time that the head of a fatal accident, ran a red light, is due to "murder with intent to defraud any" .
The driver of a stolen van, fleeing the police had crossed an intersection at full speed with red lights and was run over a car with three guys on board, one of whom died. Man sentenced by the Assize Court of Appeal in Rome six years and six months in prison because the crime had been declassified from murder to manslaughter aggravated by forecasting the event.
The case ended in the Supreme Court that upheld the action of the prosecutor, has ordered a retrial. The Supreme Court explained in the preamble that "the Court on the merits, in addition to reading the findings in a biased trial, assessed by analyzing the position of the accused and only some of the evidence and not 'worried calarli within the whole context that would undoubtedly help to clarify their true scope. "
In essence, the Court said "the appellate court would have to consider how 'and the duration of the chase, the time elapsed between the start of himself and his transformation into a mere remote control of the stolen van; the overall mode 'escape and its continued existence even after the police had adopted a different kind of vigilance. "will also need to consider" the characteristics of the junctions involved with red light before reaching the "where the accident occurred" and the possibilities' of sight of other vehicles.
Wednesday, March 16, 2011
Tuesday, March 15, 2011
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are lawful, during the process, the offensive expressions between lawyers
Supreme , Case n.10188/2011
fall within the terms of the dialectic of the case 'sharp' between advocates and opponents do not constitute a crime. The decision of the Supreme Court that "not every expression that creates disappointment is for that reason alone , abusive or offensive expression is automatically a strong or pungent. "
For this reason, and even more so, when we discuss in of a process is common for parties "to discredit the opposing view, use phrases and words in a different context, could scarcely be tolerated."
All this according to our laws must be regarded as physiological place that was "in the presence of a radical and open contention between parties with conflicting interests and who express opposing view."
Define "ridiculous" the argument of his opponent, the Court explained, "is certainly a way of expressing unpleasant, and perhaps ethically reprehensible, but not for this integral the details of the rights under Articles. 594 or 595 cp ".
Supreme , Case n.10188/2011
fall within the terms of the dialectic of the case 'sharp' between advocates and opponents do not constitute a crime. The decision of the Supreme Court that "not every expression that creates disappointment is for that reason alone , abusive or offensive expression is automatically a strong or pungent. "
For this reason, and even more so, when we discuss in of a process is common for parties "to discredit the opposing view, use phrases and words in a different context, could scarcely be tolerated."
All this according to our laws must be regarded as physiological place that was "in the presence of a radical and open contention between parties with conflicting interests and who express opposing view."
Define "ridiculous" the argument of his opponent, the Court explained, "is certainly a way of expressing unpleasant, and perhaps ethically reprehensible, but not for this integral the details of the rights under Articles. 594 or 595 cp ".
Sunday, March 13, 2011
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Defamation via web: the IP address is compelling evidence
Supreme Court, Judgement n.8824/2011
who connects to the Internet via your home PC and take part in a political forum on the web railing and defaming a person and his family has defamation and the numerical code IP is bound by the operator of the phone line they have overwhelming evidence, plus the nickname used . The Supreme Court has established criminal liability for defamation against a person working on a web forum identified by the IP number of your computer. In the opinion
the technical assessment has highlighted that:
a) the identification number on the global Internet is assigned exclusively to a specific computer connected;
b) another person network, to achieve the interference change - as advanced by the defense argument - that is, from IP to connect to third stealing the identity, needs to know details of when and how detailed the connection in which intrude;
c) you are wrong should have made a complex and difficult series of actions designed to eliminate traces of the irregular invasive procedure.
can not realistically achieve all these circumstances. The man therefore, confirms the Supreme Court, be liable for defamation without that there is room for other scapegoats. not even work the extenuating circumstance of the right of criticism policy since the offensive expressions consist not in a reasoned dissent, expressed as a measured and necessary, but in a personal attack on anti-intellectual and moral dignity of the adversary and be heard. The Supreme Court reiterates that it is not necessary intention to injure another's reputation, but rather the willingness to use words depleting agent of the legal, with the knowledge to offend the dignity of the recipient of expressions.
(LaStampa)
Supreme Court, Judgement n.8824/2011
who connects to the Internet via your home PC and take part in a political forum on the web railing and defaming a person and his family has defamation and the numerical code IP is bound by the operator of the phone line they have overwhelming evidence, plus the nickname used . The Supreme Court has established criminal liability for defamation against a person working on a web forum identified by the IP number of your computer. In the opinion
the technical assessment has highlighted that:
a) the identification number on the global Internet is assigned exclusively to a specific computer connected;
b) another person network, to achieve the interference change - as advanced by the defense argument - that is, from IP to connect to third stealing the identity, needs to know details of when and how detailed the connection in which intrude;
c) you are wrong should have made a complex and difficult series of actions designed to eliminate traces of the irregular invasive procedure.
can not realistically achieve all these circumstances. The man therefore, confirms the Supreme Court, be liable for defamation without that there is room for other scapegoats. not even work the extenuating circumstance of the right of criticism policy since the offensive expressions consist not in a reasoned dissent, expressed as a measured and necessary, but in a personal attack on anti-intellectual and moral dignity of the adversary and be heard. The Supreme Court reiterates that it is not necessary intention to injure another's reputation, but rather the willingness to use words depleting agent of the legal, with the knowledge to offend the dignity of the recipient of expressions.
(LaStampa)
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not be used to condemn the statements pre-trial of the witness which had become unavailable then
Cassation, Judgement n.9665/2011
The Supreme Court has ruled that statements made during the pre-trial by a witness who makes suddenly disappeared can not be used for the purposes of sentencing. For this reason, the Court annulled by court, the Court of Appeal which had been condemned six small dealers, cd. "Pusher" on the basis of statements of a witness who was then absconds. Taking the view that the grounds for appeal, brought by the defendants, stated that "the unexpected and unforeseeable unavailability of those whose statements have already been acquired in the normal course of pre-trial and which can not be said to be proof of intention to evade the examination hearing "is included in the cases of confirmed objective impossibility, which, pursuant to Art. 111, fifth paragraph of the Constitution, excluded to the rule of evidence in contradiction of the parties, with the result that, in this case, does not recognize the proposed breach of Article. 6, third paragraph, Lett. d) ECHR (as interpreted by the rulings of the Strasbourg Court), because, as is clear from the judgments of the Constitutional Court No 348 and 349 of 2007, the provisions of that Convention, although direct binding, the interpretation given to it by the Strasbourg Court, the national court, however, can not result in the non-application of internal rules, contrasting with them hypothetically, if and as these latter are implementing the principles stated in the Constitution, which even the conventional rules to be considered subordinate condition met the applicability of Article. 111, fifth paragraph of the Constitution (Cass. pen. Sect. 5, 16269/2010 Rv. 247 258). "The Court added that in terms of reading the hearing, under Article. 512 cpp" the impossibility of repetition of the act, in case of unavailability of witnesses, and used only if such a situation, not only is "unpredictable" (...) but even "objective" in the sense that there is no evidence to infer that the subject has voluntarily removed from consideration. In the latter event does not constitute the assumption of impossibility of evidence heard in the art to which it relates. 111, paragraph 5 of the Constitution. "It has been found as in this case "the desire to avoid examination was reasonably inferred from the behavior of the witness (...) which is regularly cited for three consecutive times to appear at the hearing, did not appear by then lost his trail ( Cass. pen. sect. 6, 8384/2003 Rv. 223 731).
Cassation, Judgement n.9665/2011
The Supreme Court has ruled that statements made during the pre-trial by a witness who makes suddenly disappeared can not be used for the purposes of sentencing. For this reason, the Court annulled by court, the Court of Appeal which had been condemned six small dealers, cd. "Pusher" on the basis of statements of a witness who was then absconds. Taking the view that the grounds for appeal, brought by the defendants, stated that "the unexpected and unforeseeable unavailability of those whose statements have already been acquired in the normal course of pre-trial and which can not be said to be proof of intention to evade the examination hearing "is included in the cases of confirmed objective impossibility, which, pursuant to Art. 111, fifth paragraph of the Constitution, excluded to the rule of evidence in contradiction of the parties, with the result that, in this case, does not recognize the proposed breach of Article. 6, third paragraph, Lett. d) ECHR (as interpreted by the rulings of the Strasbourg Court), because, as is clear from the judgments of the Constitutional Court No 348 and 349 of 2007, the provisions of that Convention, although direct binding, the interpretation given to it by the Strasbourg Court, the national court, however, can not result in the non-application of internal rules, contrasting with them hypothetically, if and as these latter are implementing the principles stated in the Constitution, which even the conventional rules to be considered subordinate condition met the applicability of Article. 111, fifth paragraph of the Constitution (Cass. pen. Sect. 5, 16269/2010 Rv. 247 258). "The Court added that in terms of reading the hearing, under Article. 512 cpp" the impossibility of repetition of the act, in case of unavailability of witnesses, and used only if such a situation, not only is "unpredictable" (...) but even "objective" in the sense that there is no evidence to infer that the subject has voluntarily removed from consideration. In the latter event does not constitute the assumption of impossibility of evidence heard in the art to which it relates. 111, paragraph 5 of the Constitution. "It has been found as in this case "the desire to avoid examination was reasonably inferred from the behavior of the witness (...) which is regularly cited for three consecutive times to appear at the hearing, did not appear by then lost his trail ( Cass. pen. sect. 6, 8384/2003 Rv. 223 731).
Saturday, March 12, 2011
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enacted rules on postal Brand Electronics.
E 'was published in the Official Gazette 1 March 2011, the decree of December 4, 2010 , with rules for the implementation of the so-called Post Brand Electronics.
As you can guess from this is a system of postal stamp, but that is done electronically, via the Internet. It works well in practice: the user sends an email, document, a file to the Italian Post. The Post Office is endorsed and will unequivocally certify the date and time of receipt, verifiable even at a distance of time, and without being able to be tampered with. Is guaranteed, of course, the confidentiality of data, as postal operators can only stamp digital, without being able to view the content of the documents sent. This system will allow for greater speed in sending documents and digital formats, such as in employment, commerce, because it can send files, agreements, contracts, and they can be stamped and certified online, with even greater assurance of sending a physical documents. It 'also a very important step to the process of digitizing the entire public administration. Thanks to this system of digital stamping, any kind of legally relevant documentation also can be sent between PA and citizens
E 'was published in the Official Gazette 1 March 2011, the decree of December 4, 2010 , with rules for the implementation of the so-called Post Brand Electronics.
As you can guess from this is a system of postal stamp, but that is done electronically, via the Internet. It works well in practice: the user sends an email, document, a file to the Italian Post. The Post Office is endorsed and will unequivocally certify the date and time of receipt, verifiable even at a distance of time, and without being able to be tampered with. Is guaranteed, of course, the confidentiality of data, as postal operators can only stamp digital, without being able to view the content of the documents sent. This system will allow for greater speed in sending documents and digital formats, such as in employment, commerce, because it can send files, agreements, contracts, and they can be stamped and certified online, with even greater assurance of sending a physical documents. It 'also a very important step to the process of digitizing the entire public administration. Thanks to this system of digital stamping, any kind of legally relevant documentation also can be sent between PA and citizens
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is what provides for the constitutional reform of justice adopted by the Council of Ministers
Separation of career prosecutors and judges, to achieve a real 'equality' between the prosecution and defense "which rises above the judge. This is the cornerstone of the constitutional reform of justice, developed by the Keeper of Angelino Alfano and approved today by the Council of Ministers. Separate careers, and, therefore, two Magistrates, both chaired by the Head of State. This reform in detail, but that 'not affect' the processes in place at the date of its entry into force. - SEPARATION OF CAREERS: Judges are "distinguished judges and prosecutors and the law" guarantees the separation of careers, "says Article 5 of the reform, and the office of the prosecutor 'and' organized according to the rules of ' judicial system that ensures the autonomy and independence. "
- DOUBLE CSM: The Council of the Judiciary Judges 'and' chaired by the President of the Republic ", as required by Article 6 of the reform, which introduces Article 104 bis of the Constitution. It is part of the right first president of the Supreme Court and the other members are elected for target 'all the ordinary courts between the same type of eligible candidates after draw and half 'by Parliament in joint session between professors of universities' law and lawyers in the field after 15 years of operation. The Council shall elect a Deputy Chairperson from among members appointed by Parliament. Elected members of the Council remain in office for four years and are not re-elected. Regarding the Judiciary Article prosecutor .104 b provides that this Council is chaired by the President of the Republic. It is part of law the attorney general of the Supreme Court. The other members are elected for target 'all the prosecutors in the same category after the draw and half of the candidates' joint sitting of parliament from among professors of universities' in law and lawyers after 15 years of operation. As for what happens to the judiciary the elected members remain in office for four years, will not be re-elected 'can be entered while in office, in professional associations or serve in Parliament or a provincial or municipal regional council. For the tasks of the two CSM, it is established, with the replacement of Article .105, that "The High Council of the judiciary and the Supreme Judicial Consiglilo requitrente, under the rules of the judicial system, recruitment, assignments, transfers and promotions in respect of the ordinary courts and prosecutors. The Councils can not adapt acts "of political will 'exercise functions other than those provided for in the Constitution. "
- CRIMINAL PROCEEDINGS: It is the principle of mandatory 'but we introduce criteria of the law:" The prosecutor's office has the obligation to prosecute in accordance with the criteria established by the law. "This will be 'the new Article 112 of the Constitution, as amended by Article 15 of the judicial reform approved this morning.
- REGULATING THE JUDICIARY: You set up the" Court of discipline, "with a section for the judges and one for pm. The components of each section shall be elected for half 'by Parliament in joint session and half', respectively, of all the judges and the token. The members elected by the Parliament "are chosen - which provides for reform - including university professors' in law and lawyers after 15 years of service, "those chosen by judges and public prosecutors" are chosen after the draw of the candidates, including those in the respective categories. "The Court Disciplinary Board shall elect a chairperson from among members appointed by Parliament, "shall hold office for four years and are not re-elected. Action taken by the Court may be appealed to the Supreme Court.
- irrevocably 'JUDGMENTS ABSOLUTION: no appeal against the acquittals handed down in the first instance." against convictions and 'always allowed the appeal, unless the law provides otherwise in relation to the nature of the offense and penalties and the decision. The judgments of
acquittals can be appealed only in cases provided by law. "
- RESPONSIBILITY 'CIVIL Togas:" The magistrates are directly responsible for acts committed in violation of the equal rights of other officials and employees of the State. "Furthermore," the law expressly provides for the responsibility 'of the civil magistrates in cases of wrongful imprisonment and other unwarranted restriction of freedom' personal ', still requires reform, and the' responsibility 'of the civil magistrates extends to the State. "
- JUDICIAL POLICE REPORT-PM" the judge and the prosecutor have the police according to the procedures' established by law ".
- RESPONSIBILITIES OF Justice: the Minister of Justice entitled" The inspection function, organization and operation of services relating to justice. "report annually to the Houses on the state of justice, concerning the prosecution and the use of means of investigation.
- elected officials Toghi Fees: extends to the elected officials who act as honorary judges pm, and until now was reserved only for the judges.
- dismissal 'JUDGES: "In case of exceptional needs, identified by law, relating to the organization and operation of services relating to justice, the Councils may designate the judges to other courts."
(source: AGI)
Separation of career prosecutors and judges, to achieve a real 'equality' between the prosecution and defense "which rises above the judge. This is the cornerstone of the constitutional reform of justice, developed by the Keeper of Angelino Alfano and approved today by the Council of Ministers. Separate careers, and, therefore, two Magistrates, both chaired by the Head of State. This reform in detail, but that 'not affect' the processes in place at the date of its entry into force. - SEPARATION OF CAREERS: Judges are "distinguished judges and prosecutors and the law" guarantees the separation of careers, "says Article 5 of the reform, and the office of the prosecutor 'and' organized according to the rules of ' judicial system that ensures the autonomy and independence. "
- DOUBLE CSM: The Council of the Judiciary Judges 'and' chaired by the President of the Republic ", as required by Article 6 of the reform, which introduces Article 104 bis of the Constitution. It is part of the right first president of the Supreme Court and the other members are elected for target 'all the ordinary courts between the same type of eligible candidates after draw and half 'by Parliament in joint session between professors of universities' law and lawyers in the field after 15 years of operation. The Council shall elect a Deputy Chairperson from among members appointed by Parliament. Elected members of the Council remain in office for four years and are not re-elected. Regarding the Judiciary Article prosecutor .104 b provides that this Council is chaired by the President of the Republic. It is part of law the attorney general of the Supreme Court. The other members are elected for target 'all the prosecutors in the same category after the draw and half of the candidates' joint sitting of parliament from among professors of universities' in law and lawyers after 15 years of operation. As for what happens to the judiciary the elected members remain in office for four years, will not be re-elected 'can be entered while in office, in professional associations or serve in Parliament or a provincial or municipal regional council. For the tasks of the two CSM, it is established, with the replacement of Article .105, that "The High Council of the judiciary and the Supreme Judicial Consiglilo requitrente, under the rules of the judicial system, recruitment, assignments, transfers and promotions in respect of the ordinary courts and prosecutors. The Councils can not adapt acts "of political will 'exercise functions other than those provided for in the Constitution. "
- CRIMINAL PROCEEDINGS: It is the principle of mandatory 'but we introduce criteria of the law:" The prosecutor's office has the obligation to prosecute in accordance with the criteria established by the law. "This will be 'the new Article 112 of the Constitution, as amended by Article 15 of the judicial reform approved this morning.
- REGULATING THE JUDICIARY: You set up the" Court of discipline, "with a section for the judges and one for pm. The components of each section shall be elected for half 'by Parliament in joint session and half', respectively, of all the judges and the token. The members elected by the Parliament "are chosen - which provides for reform - including university professors' in law and lawyers after 15 years of service, "those chosen by judges and public prosecutors" are chosen after the draw of the candidates, including those in the respective categories. "The Court Disciplinary Board shall elect a chairperson from among members appointed by Parliament, "shall hold office for four years and are not re-elected. Action taken by the Court may be appealed to the Supreme Court.
- irrevocably 'JUDGMENTS ABSOLUTION: no appeal against the acquittals handed down in the first instance." against convictions and 'always allowed the appeal, unless the law provides otherwise in relation to the nature of the offense and penalties and the decision. The judgments of
acquittals can be appealed only in cases provided by law. "
- RESPONSIBILITY 'CIVIL Togas:" The magistrates are directly responsible for acts committed in violation of the equal rights of other officials and employees of the State. "Furthermore," the law expressly provides for the responsibility 'of the civil magistrates in cases of wrongful imprisonment and other unwarranted restriction of freedom' personal ', still requires reform, and the' responsibility 'of the civil magistrates extends to the State. "
- JUDICIAL POLICE REPORT-PM" the judge and the prosecutor have the police according to the procedures' established by law ".
- RESPONSIBILITIES OF Justice: the Minister of Justice entitled" The inspection function, organization and operation of services relating to justice. "report annually to the Houses on the state of justice, concerning the prosecution and the use of means of investigation.
- elected officials Toghi Fees: extends to the elected officials who act as honorary judges pm, and until now was reserved only for the judges.
- dismissal 'JUDGES: "In case of exceptional needs, identified by law, relating to the organization and operation of services relating to justice, the Councils may designate the judges to other courts."
(source: AGI)
Thursday, March 10, 2011
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E 'responsible for injury or those who bring Fido for a walk and not just the owner.
Supreme Court, The Supreme Court ruling n.8875/2011
has determined that the obligation to care of animals rises every time a person has a certain relation of possession or mere relationship with the animal. According to the Court, which has put pen to paper this principle in four pages of reasons, it is not necessary with the animal there is a relationship in prioprietà statutory sense: it is sufficient merely detention. So be liable for negligently causing injury to the jaws of the dog, the man who, despite not being its owner, walking door to the animal without a leash nor muzzle. In particular, in this case, stated that "there is also the responsibility of the accused - (mere animal holder) - in that, in terms custody of animal, the obligation arises whenever there is a relation of possession or mere possession of the animal and a particular person, since the art. 672 cod. pen. connects the obligation not to leave free the animal and keep it with due caution to the mere possession of the animal, have also to be understood as holding only material fact, it is not necessary that there be a relation of ownership in civil law sense " .
Supreme Court, The Supreme Court ruling n.8875/2011
has determined that the obligation to care of animals rises every time a person has a certain relation of possession or mere relationship with the animal. According to the Court, which has put pen to paper this principle in four pages of reasons, it is not necessary with the animal there is a relationship in prioprietà statutory sense: it is sufficient merely detention. So be liable for negligently causing injury to the jaws of the dog, the man who, despite not being its owner, walking door to the animal without a leash nor muzzle. In particular, in this case, stated that "there is also the responsibility of the accused - (mere animal holder) - in that, in terms custody of animal, the obligation arises whenever there is a relation of possession or mere possession of the animal and a particular person, since the art. 672 cod. pen. connects the obligation not to leave free the animal and keep it with due caution to the mere possession of the animal, have also to be understood as holding only material fact, it is not necessary that there be a relation of ownership in civil law sense " .
Wednesday, March 9, 2011
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The crime of stalking exists even if there are acts against the physical safety
Cassation, Judgement n.8832/2011
To configure the crime of "persecution" (stalking) is sufficient "that the persecution of creating a state of severe emotional disturbance such as to destabilize the victim, not being able to bring the case in question was part of a repetition of Article. Cp 582 (lesions). The offense is essentially acts directed against complement even without physical injury. To say it is a recent ruling of the Supreme Court which was dismissed an appeal by a man who haunted his former girlfriend with persecution directed against his car, without harm to the physical safety of the same. According to the reconstruction of the incident, was appealed to the Supreme Court against the order issued by a court of Turin (for confirmation of the Warrant of Asti application of the measure of the prohibition approach to the places frequented by the victim). The man, holding the ordinance, appealed to the Supreme Court pleading violazone art. 612-bis and a lack of motivation with regard to the configuration of the offense (as the appellant, in essence, the Court erred in considering the creation of all events under the rule laid down in Art. 612-bis addition, The woman, a victim of the crime, had not expressed my fear nor denounced threats issued in its damage by man. He finally noted that the facts he had put in place to direct damage to things and not directed against ' physical safety of his ex). Despite the objections raised by man, the Court rejected the appeal, stating that the new crime of "stalking" in art. 612-bis, introduced by Art. Dl 7 of 23.02.2009, No 11, can integrate well in the presence of persecutory conduct, such as fire and / or damage to the victim's machine, even without attitudes directed against the limb, such as to destabilize the woman psychologically, "the new type - said point of law - can not be reduced to a repetition of the offense under Article. 582 cp - the occurrence of which can be configured either as a physical illness such as mental illness and spcicoligca - but it is sufficient that the acts considered persecutors have a destabilizing effect of Sérent, 's psychological wellbeing of the victim. This event has been properly considered destabilizing subsistence to the lower courts, although it does not result in an advanced disease state, which may be relevant to ascertain whether there is any further injury offense. "
Cassation, Judgement n.8832/2011
To configure the crime of "persecution" (stalking) is sufficient "that the persecution of creating a state of severe emotional disturbance such as to destabilize the victim, not being able to bring the case in question was part of a repetition of Article. Cp 582 (lesions). The offense is essentially acts directed against complement even without physical injury. To say it is a recent ruling of the Supreme Court which was dismissed an appeal by a man who haunted his former girlfriend with persecution directed against his car, without harm to the physical safety of the same. According to the reconstruction of the incident, was appealed to the Supreme Court against the order issued by a court of Turin (for confirmation of the Warrant of Asti application of the measure of the prohibition approach to the places frequented by the victim). The man, holding the ordinance, appealed to the Supreme Court pleading violazone art. 612-bis and a lack of motivation with regard to the configuration of the offense (as the appellant, in essence, the Court erred in considering the creation of all events under the rule laid down in Art. 612-bis addition, The woman, a victim of the crime, had not expressed my fear nor denounced threats issued in its damage by man. He finally noted that the facts he had put in place to direct damage to things and not directed against ' physical safety of his ex). Despite the objections raised by man, the Court rejected the appeal, stating that the new crime of "stalking" in art. 612-bis, introduced by Art. Dl 7 of 23.02.2009, No 11, can integrate well in the presence of persecutory conduct, such as fire and / or damage to the victim's machine, even without attitudes directed against the limb, such as to destabilize the woman psychologically, "the new type - said point of law - can not be reduced to a repetition of the offense under Article. 582 cp - the occurrence of which can be configured either as a physical illness such as mental illness and spcicoligca - but it is sufficient that the acts considered persecutors have a destabilizing effect of Sérent, 's psychological wellbeing of the victim. This event has been properly considered destabilizing subsistence to the lower courts, although it does not result in an advanced disease state, which may be relevant to ascertain whether there is any further injury offense. "
Tuesday, March 8, 2011
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infant abduction from the cradle not only is "unable to abduction" but also "kidnapping"
Cassation, Judgement n.6220/2011
The Supreme Court ruled that integrates the crime of kidnapping behavior tended to steal a newborn baby from the crib even though the same can not express dissent. In this case, the crime of abduction incapable of competing with the kidnapping. In spite of a contrary case law on point, the Court, in reference to the exception raised by the defense that had held inoperative art. 605 cp, kidnapping but the art. 574 cp ie subtraction incapable (because the baby does not have freedom of movement and locomotion that Article. cp 605 seeks to protect), explained that "we must not be confused, because the ownership of the right to physical freedom, which is up to each person, which can therefore be considered when the crime victim is unlawfully deprived of that freedom, the ability, legal and practical, to act in defense of their rights. No one would, in fact, reason to believe that the kidnapping of a child of three or four years , which does not yet have the capacity to act to protect their interests, but has the ability to object, crying or screaming, to a kidnapping, in this case does not fall under Article. 650 cp is not clear why the legal then the youngest child, who has not yet the ability to react to an act against themselves, can not be a victim of the crime in question. The truth is that the physical freedom of the child and thus also that of the infant, is provided by parents and / or persons who are being entrusted with their care and custody; (...) When there is the consent of the persons to whom it is entrusted with the custody of a minor who has no capacity to act or to express their disagreement with actions of other people, it must be an implicit disapproval of the child (...) So is the unlawful conduct of deprivation of physical liberty completing the minor crime of which art. 605 cp Finally, the Court concluded adding that the two offenses overlap within the same unlawful conduct, "the fact of stealing a child to the people as the legal guardian of the crime which integrates art. 574 cp, but this does not exclude recourse even the crime of kidnapping. And, in fact, the two standards are not alternatives to each other, neither one absorbs the other (...) and therefore can compete because the two crimes - kidnapping and abduction unable - protect individual rights and other legal interests; physical freedom as far as the offense under Article. 604 cp and the right dell'affidatario inability to keep the above in their custody for the crime under Article. 574 cp, at times, noted the Court of legitimacy, the two crimes may be coincident in the same unlawful conduct (...)".
Cassation, Judgement n.6220/2011
The Supreme Court ruled that integrates the crime of kidnapping behavior tended to steal a newborn baby from the crib even though the same can not express dissent. In this case, the crime of abduction incapable of competing with the kidnapping. In spite of a contrary case law on point, the Court, in reference to the exception raised by the defense that had held inoperative art. 605 cp, kidnapping but the art. 574 cp ie subtraction incapable (because the baby does not have freedom of movement and locomotion that Article. cp 605 seeks to protect), explained that "we must not be confused, because the ownership of the right to physical freedom, which is up to each person, which can therefore be considered when the crime victim is unlawfully deprived of that freedom, the ability, legal and practical, to act in defense of their rights. No one would, in fact, reason to believe that the kidnapping of a child of three or four years , which does not yet have the capacity to act to protect their interests, but has the ability to object, crying or screaming, to a kidnapping, in this case does not fall under Article. 650 cp is not clear why the legal then the youngest child, who has not yet the ability to react to an act against themselves, can not be a victim of the crime in question. The truth is that the physical freedom of the child and thus also that of the infant, is provided by parents and / or persons who are being entrusted with their care and custody; (...) When there is the consent of the persons to whom it is entrusted with the custody of a minor who has no capacity to act or to express their disagreement with actions of other people, it must be an implicit disapproval of the child (...) So is the unlawful conduct of deprivation of physical liberty completing the minor crime of which art. 605 cp Finally, the Court concluded adding that the two offenses overlap within the same unlawful conduct, "the fact of stealing a child to the people as the legal guardian of the crime which integrates art. 574 cp, but this does not exclude recourse even the crime of kidnapping. And, in fact, the two standards are not alternatives to each other, neither one absorbs the other (...) and therefore can compete because the two crimes - kidnapping and abduction unable - protect individual rights and other legal interests; physical freedom as far as the offense under Article. 604 cp and the right dell'affidatario inability to keep the above in their custody for the crime under Article. 574 cp, at times, noted the Court of legitimacy, the two crimes may be coincident in the same unlawful conduct (...)".
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Never in prison, the children of imprisoned
The mothers of children under six years of age will no longer stay in prison unless special precautionary needs of "exceptional importance". E 'because it contains a bill the House passed the Chamber , with 460 votes in favor and 5 abstentions, which raises twice (currently three years) the 'age of the woman's son held, until now forced to live behind bars with his mother.
According to the documentation provided by the government during parliamentary examination, women with children held in Italian prisons in June 2010 were 54 and as many children under the age of three years in institutions. On the same day were operating 13 nurseries, a total of 25. ICAM
born, the "quasi-prison" for the mothers. The text agreed - with the abstention of the radicals (who had first introduced but now consider it inappropriate for the low funding) - is now to go to the Senate. The measure provides that when defendants are a pregnant woman or a mother of children aged under six years old, living with her (or a father if the mother is dead or absolutely unable to take care for their children) can not be placed on remand in prison, unless there are exceptional precautionary needs: in that case, you can arrange for accommodation in an institute held in custody for mothers attenuated "(ICAM).
new rules for sick children. Also change the rules governing the right of access to a sick child, but not cohabiting, owned by the mother or a defendant (or father under the same conditions). The magistrate surveillance - in the case of imminent danger of death or serious health condition of the child - may grant permission, with interim measure, to the accused or detained for visiting the sick child, in ways that in case of hospitalization, must take into account the duration of hospitalization and the course of the disease.
Repubblica.it
The mothers of children under six years of age will no longer stay in prison unless special precautionary needs of "exceptional importance". E 'because it contains a bill the House passed the Chamber , with 460 votes in favor and 5 abstentions, which raises twice (currently three years) the 'age of the woman's son held, until now forced to live behind bars with his mother.
According to the documentation provided by the government during parliamentary examination, women with children held in Italian prisons in June 2010 were 54 and as many children under the age of three years in institutions. On the same day were operating 13 nurseries, a total of 25. ICAM
born, the "quasi-prison" for the mothers. The text agreed - with the abstention of the radicals (who had first introduced but now consider it inappropriate for the low funding) - is now to go to the Senate. The measure provides that when defendants are a pregnant woman or a mother of children aged under six years old, living with her (or a father if the mother is dead or absolutely unable to take care for their children) can not be placed on remand in prison, unless there are exceptional precautionary needs: in that case, you can arrange for accommodation in an institute held in custody for mothers attenuated "(ICAM).
new rules for sick children. Also change the rules governing the right of access to a sick child, but not cohabiting, owned by the mother or a defendant (or father under the same conditions). The magistrate surveillance - in the case of imminent danger of death or serious health condition of the child - may grant permission, with interim measure, to the accused or detained for visiting the sick child, in ways that in case of hospitalization, must take into account the duration of hospitalization and the course of the disease.
Repubblica.it
Monday, March 7, 2011
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Alternative measures to detention
Probate Court of Turin, February 23, 2011 Order
The prohibition of alternatives to detention under Article. 67 l. November 24, 1981 No 689 against the convicted to imprisonment in atonement for conversion carried out pursuant to art. 66, paragraph 1, the same law should not be limited to those (expressly provided for) proof of custody in the social services and probation, but must be extended to any other measures having no alternative therapeutic or humanitarian purposes and, in particular, the holding home cd generic. Even under the principle of procedural economy and / or that of a reasonable duration of the process, alternatives to imprisonment are not prohibited by art. 67 l. November 24, 1981 No 689 must be requested by the person in a state of freedom in the same proceedings (before the court monitoring) established for the conversion art. 66 the same law, so that, esauritosi that proceeding without the application of an alternative measure, is not for the prosecutor to suspend the enforcement under Article. 656, paragraph 5, the ruling CPP
Read
Probate Court of Turin, February 23, 2011 Order
The prohibition of alternatives to detention under Article. 67 l. November 24, 1981 No 689 against the convicted to imprisonment in atonement for conversion carried out pursuant to art. 66, paragraph 1, the same law should not be limited to those (expressly provided for) proof of custody in the social services and probation, but must be extended to any other measures having no alternative therapeutic or humanitarian purposes and, in particular, the holding home cd generic. Even under the principle of procedural economy and / or that of a reasonable duration of the process, alternatives to imprisonment are not prohibited by art. 67 l. November 24, 1981 No 689 must be requested by the person in a state of freedom in the same proceedings (before the court monitoring) established for the conversion art. 66 the same law, so that, esauritosi that proceeding without the application of an alternative measure, is not for the prosecutor to suspend the enforcement under Article. 656, paragraph 5, the ruling CPP
Read
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Yes to the conversion of sentences in works of public utility for driving under the influence of alcohol
The GIP of the Court of Ascoli Piceno with a measure of 03.01.2011 has ordered the conversion of a sentence of two months of arrest and a fine of € 800.00, with 63 days of work in the public interest, for a young man who was arrested by the Police driving his car with a BAC three times higher than the allowed limit. The boy, who held the activity at ASUR - Department of addiction, at the end of the period of employment, if they receive a positive evaluation can be seen extinguish the crime, reduce the period of six months of license suspension and, above all you will see return the car confiscated. So ruling, the Court has applied the provisions of paragraph 9 bis of the reformed Article 186 of the Highway Code under which the sentence of imprisonment and fine may be replaced with the penal order, if there is no objection by the accused, with that of community service, ie the provision of unpaid to the community to play in the field of road safety and education in the state, regions, provinces, municipalities, or from institutions or social welfare organizations and charities, or at specialized centers in fighting addiction
The GIP of the Court of Ascoli Piceno with a measure of 03.01.2011 has ordered the conversion of a sentence of two months of arrest and a fine of € 800.00, with 63 days of work in the public interest, for a young man who was arrested by the Police driving his car with a BAC three times higher than the allowed limit. The boy, who held the activity at ASUR - Department of addiction, at the end of the period of employment, if they receive a positive evaluation can be seen extinguish the crime, reduce the period of six months of license suspension and, above all you will see return the car confiscated. So ruling, the Court has applied the provisions of paragraph 9 bis of the reformed Article 186 of the Highway Code under which the sentence of imprisonment and fine may be replaced with the penal order, if there is no objection by the accused, with that of community service, ie the provision of unpaid to the community to play in the field of road safety and education in the state, regions, provinces, municipalities, or from institutions or social welfare organizations and charities, or at specialized centers in fighting addiction
Sunday, March 6, 2011
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drop on the bus, passengers should be compensated even if is not the fault of the driver
Cassation, Judgement n.4442/2011
The Supreme Court ruled that in case of damage caused by a fall in a bus entitlement to compensation even if the driver has no fault. The case under consideration concerns a passenger Catania fell on the floor of the bus after a sudden stop. The fall, the Court explained, was not attributable to the bus driver who "did not have the chance 'to behave differently and that he was driving was forced to halt by the sudden invasion of the lane which gave a scooter The sole responsibility 'of the event. " The passengers of the lower courts had already granted a modest compensation and then to the Supreme Court ended the case where the claimant sought to obtain a larger sum by way of damages. The Court rejected the appeal and stated when engaging the assumption of responsibility 'in the incidents on the bus. "In regard to the transport of people - according to the judgment - the presumption of responsibility 'in art. 1681 on the carrier for damages by the traveler when it is established the causal link between the accident occurring to the traveler and the same activity 'of the carrier performance of the carriage, it being back this assumption is satisfied except when the absence of a fault in the carrier, as if the accident is attributed to the fact that third traveler. " The Supreme Court also pointed out that the ruling is not contested and 'departed from this approach because the bus driver "was forced to brake suddenly." The passenger, in short, will have 'right to only a modest compensation.
Cassation, Judgement n.4442/2011
The Supreme Court ruled that in case of damage caused by a fall in a bus entitlement to compensation even if the driver has no fault. The case under consideration concerns a passenger Catania fell on the floor of the bus after a sudden stop. The fall, the Court explained, was not attributable to the bus driver who "did not have the chance 'to behave differently and that he was driving was forced to halt by the sudden invasion of the lane which gave a scooter The sole responsibility 'of the event. " The passengers of the lower courts had already granted a modest compensation and then to the Supreme Court ended the case where the claimant sought to obtain a larger sum by way of damages. The Court rejected the appeal and stated when engaging the assumption of responsibility 'in the incidents on the bus. "In regard to the transport of people - according to the judgment - the presumption of responsibility 'in art. 1681 on the carrier for damages by the traveler when it is established the causal link between the accident occurring to the traveler and the same activity 'of the carrier performance of the carriage, it being back this assumption is satisfied except when the absence of a fault in the carrier, as if the accident is attributed to the fact that third traveler. " The Supreme Court also pointed out that the ruling is not contested and 'departed from this approach because the bus driver "was forced to brake suddenly." The passenger, in short, will have 'right to only a modest compensation.
Saturday, March 5, 2011
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The Supreme Court extends the protection under criminal law preparing art lover. 572 cp
Cassation, Judgement n.7929/2011
The Supreme Court extends the protection under criminal law preparing art lover. 572 cp with the prediction of the crime of domestic violence, in March 3, 2011
The characteristic of stable relationship, typical of some extramarital relations, led the Supreme Court to extend the crime of abuse in the family, and the resulting penalty, including a adulterous relationship. The judges of the forum have in fact confirmed the protective order in prison, ordered by the Court of Review of Messina, for a person accused of abuse and inflicted injuries compounded the damage of a woman who had an affair with the suspect. The decision of the review, man had recourse to the Supreme Court highlighted the lack of the element constituting the crime of abuse in the family, complained of by the prosecution, under Article. Cp 572 The applicant, in particular, stressed the fact that he still lived with his wife and children in the marital home and that the adulterous relationship with the offended party would not have resulted in "a stable relationship of the family community." In light of this, it excluded the possibility to configure the specific case, the crime of abuse in the family, the situation is not "capable of determining mutual relations and obligations of solidarity and support" with her lover, the constituent elements of the offense . The Supreme Court considered unfounded the arguments put forward from investigating, whose appeal was declared inadmissible, thus confirming the protective order placed against him.
To justify the Court's position, which has come to say, in terms of examining the full equality of the lover to his wife, should be specified as an offense under Article. 572 cp when you set up between the agent and the victim fulfillment of a stable and enduring relationship, similar to family customs, which determines the onset of a series of reciprocal duties of support and solidarity with the violation of which integrates the details of the crime question. It 'just based on that reconstruction of the criminal case, However, it is shared, over time, the peaceful configurability of the crime of abuse in the family even when the criminal act is committed against a person cohabiting partner, as contained in the recall. 572 cp to the "family" should be considered to "any association of persons including, for close ties and habits of life, relationships have been established to support and solidarity for an appreciable period of time extents cover the notion of family also made" (see Cass. pen., sect. II, sent. 40727/2009).
The judges of legitimacy, in this case, are considered established and well-reasoned order of the original GIP, taken by the Court on the point of review, the fact that the suspect had the victim with a stable and lasting relationship, despite the continued cohabitation with his wife and children. This is enough to say that, in consequence of the breach of the obligations of mutual assistance and solidarity arising from the report, the recurrence of the crime of harassment when the victim is the lover and not the lawful spouse of the suspect.
(Source AMI)
Cassation, Judgement n.7929/2011
The Supreme Court extends the protection under criminal law preparing art lover. 572 cp with the prediction of the crime of domestic violence, in March 3, 2011
The characteristic of stable relationship, typical of some extramarital relations, led the Supreme Court to extend the crime of abuse in the family, and the resulting penalty, including a adulterous relationship. The judges of the forum have in fact confirmed the protective order in prison, ordered by the Court of Review of Messina, for a person accused of abuse and inflicted injuries compounded the damage of a woman who had an affair with the suspect. The decision of the review, man had recourse to the Supreme Court highlighted the lack of the element constituting the crime of abuse in the family, complained of by the prosecution, under Article. Cp 572 The applicant, in particular, stressed the fact that he still lived with his wife and children in the marital home and that the adulterous relationship with the offended party would not have resulted in "a stable relationship of the family community." In light of this, it excluded the possibility to configure the specific case, the crime of abuse in the family, the situation is not "capable of determining mutual relations and obligations of solidarity and support" with her lover, the constituent elements of the offense . The Supreme Court considered unfounded the arguments put forward from investigating, whose appeal was declared inadmissible, thus confirming the protective order placed against him.
To justify the Court's position, which has come to say, in terms of examining the full equality of the lover to his wife, should be specified as an offense under Article. 572 cp when you set up between the agent and the victim fulfillment of a stable and enduring relationship, similar to family customs, which determines the onset of a series of reciprocal duties of support and solidarity with the violation of which integrates the details of the crime question. It 'just based on that reconstruction of the criminal case, However, it is shared, over time, the peaceful configurability of the crime of abuse in the family even when the criminal act is committed against a person cohabiting partner, as contained in the recall. 572 cp to the "family" should be considered to "any association of persons including, for close ties and habits of life, relationships have been established to support and solidarity for an appreciable period of time extents cover the notion of family also made" (see Cass. pen., sect. II, sent. 40727/2009).
The judges of legitimacy, in this case, are considered established and well-reasoned order of the original GIP, taken by the Court on the point of review, the fact that the suspect had the victim with a stable and lasting relationship, despite the continued cohabitation with his wife and children. This is enough to say that, in consequence of the breach of the obligations of mutual assistance and solidarity arising from the report, the recurrence of the crime of harassment when the victim is the lover and not the lawful spouse of the suspect.
(Source AMI)
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belittle the claim of those who adhere to different religions and 'no offense
Cassation, Judgement n.7017/2011
E 'crime "undermine and belittle the claim of a person''for the sole reason that''belongs to a religion other than that historically and culturally rooted in society 'Italian'. This was stated by the Supreme Court has upheld a conviction for libel imposed on a man who had exposed a sign in front of his house proclaiming, "the misfortune of having a Jehovah's Witness as a neighbor sells property with expansion plans." The Turin Court also ordered the defendant to pay damages to his neighbor across. Using a point of law the defendant has sought to defend himself by saying that the term Jehovah's Witness and 'perceived negatively by society'. The Court however rejected the application in pointing out that''full and unjustified censure on the personality 'of the plaintiff and the reference to its general anomalies were made even more' heavily and convincingly to the offensive by calling his choice to join a religion other than the historically rooted in our society'''. This will 'undermine and diminish the credit of its neighbor, the Court has incorporated the case of defamation.
Cassation, Judgement n.7017/2011
E 'crime "undermine and belittle the claim of a person''for the sole reason that''belongs to a religion other than that historically and culturally rooted in society 'Italian'. This was stated by the Supreme Court has upheld a conviction for libel imposed on a man who had exposed a sign in front of his house proclaiming, "the misfortune of having a Jehovah's Witness as a neighbor sells property with expansion plans." The Turin Court also ordered the defendant to pay damages to his neighbor across. Using a point of law the defendant has sought to defend himself by saying that the term Jehovah's Witness and 'perceived negatively by society'. The Court however rejected the application in pointing out that''full and unjustified censure on the personality 'of the plaintiff and the reference to its general anomalies were made even more' heavily and convincingly to the offensive by calling his choice to join a religion other than the historically rooted in our society'''. This will 'undermine and diminish the credit of its neighbor, the Court has incorporated the case of defamation.
Friday, March 4, 2011
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and' punished those who buy drugs for use "group"
Cassation, Judgement No. 8366/2011
Buying drugs 'use group' is an irrelevant criminal behavior, even after the reform (Fini Giovanardi - Law 46/2006), provided that there is a clear and undisputed "the mandate to purchase "astounding. In essence, consuming drugs in the group "does not include criminal prosecutions, but only the inevitable signal to the prefect, if the substance was purchased by a joint decision of all participants.
The Supreme Court returned to the non-prosecution deal with the limits provided for by Presidential Decree 309/90. To complicate the implementation of the new Article 73 is the adverb "only" added to the "old" personal use according to the Attorney General of the Eagle, which had challenged a dismissal with the formula of "fact not required by law as a crime "Fini Giovanardi-would apply in all cases where the amount, the manner of presentation or other circumstances give up the seized drugs' intended to use not only personal." Under this view, every purchase "too much" "it creates a dangerous and alarming fact, as it contributes to the spread "of drugs" by increasing the habit "of recipients, thereby destroying the social and health objectives of the legislature in 2006.
The Supreme Court reiterated that the consumption of the group 'is appalesa as a particular species of the genus constituting the broader concept of detention "for personal use: the specificity is crucial and exonerating" the achievement of positive proof of a common purpose and that the original unites and shapes the participation of the individual, "characterizes" the common denominator for personal use only. "
So if there is prior agreement on the purchase and consumption, continues to rely on the area Article 73 not to be prosecuted also for groups. But conversely this means - the Supreme Court concluded - that the offense does not cease if a group decides to use the amazing "already owned by one of them": the seller "foreign" is ultimately comparable to a drug dealer.
Cassation, Judgement No. 8366/2011
Buying drugs 'use group' is an irrelevant criminal behavior, even after the reform (Fini Giovanardi - Law 46/2006), provided that there is a clear and undisputed "the mandate to purchase "astounding. In essence, consuming drugs in the group "does not include criminal prosecutions, but only the inevitable signal to the prefect, if the substance was purchased by a joint decision of all participants.
The Supreme Court returned to the non-prosecution deal with the limits provided for by Presidential Decree 309/90. To complicate the implementation of the new Article 73 is the adverb "only" added to the "old" personal use according to the Attorney General of the Eagle, which had challenged a dismissal with the formula of "fact not required by law as a crime "Fini Giovanardi-would apply in all cases where the amount, the manner of presentation or other circumstances give up the seized drugs' intended to use not only personal." Under this view, every purchase "too much" "it creates a dangerous and alarming fact, as it contributes to the spread "of drugs" by increasing the habit "of recipients, thereby destroying the social and health objectives of the legislature in 2006.
The Supreme Court reiterated that the consumption of the group 'is appalesa as a particular species of the genus constituting the broader concept of detention "for personal use: the specificity is crucial and exonerating" the achievement of positive proof of a common purpose and that the original unites and shapes the participation of the individual, "characterizes" the common denominator for personal use only. "
So if there is prior agreement on the purchase and consumption, continues to rely on the area Article 73 not to be prosecuted also for groups. But conversely this means - the Supreme Court concluded - that the offense does not cease if a group decides to use the amazing "already owned by one of them": the seller "foreign" is ultimately comparable to a drug dealer.
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should be paid to the wife who has not fulfilled its decision on custody of which he had been informed by telephone only
Cassation, Judgement No. 6987/2011
Measures custody of the children must be formally notified to the interested party and not just a simple telephone information. The clarification comes from the Supreme Court. The Court observes that the woman was aware of the decision only after a phone call of her former husband. The measure, however, was notified until later. The woman had already been acquitted by the Court of Appeal of Messina but her husband had approached the Supreme Court arguing that the woman had eluded the judge's ruling because he had communicated by telephone changes on access rights of the child. As stated in the sentence "The assumption that the applicant would, by phone, informally announced his estranged wife the new rules determined by civil courts about the ways 'of custody of minor children, can not' integrate the legal and full knowledge of the heads court to which compliance was required [...] ".
Cassation, Judgement No. 6987/2011
Measures custody of the children must be formally notified to the interested party and not just a simple telephone information. The clarification comes from the Supreme Court. The Court observes that the woman was aware of the decision only after a phone call of her former husband. The measure, however, was notified until later. The woman had already been acquitted by the Court of Appeal of Messina but her husband had approached the Supreme Court arguing that the woman had eluded the judge's ruling because he had communicated by telephone changes on access rights of the child. As stated in the sentence "The assumption that the applicant would, by phone, informally announced his estranged wife the new rules determined by civil courts about the ways 'of custody of minor children, can not' integrate the legal and full knowledge of the heads court to which compliance was required [...] ".
Thursday, March 3, 2011
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The separation of parents can upset the child but does not exclude His punishment in cases of illegal
Cassation, Judgement n.6970/2011
The fact of the end of parents' marriage is not sufficient to preclude the punishment of a minor scarring threatening the car owner.
To say it is the Supreme Court. Stoats have established that the cognitive faculties of the child, thought to be incapable of sound mind at the time the offense was committed, must be compromised to such an extent that I can not understand the negative value of the fact that he put in place. In this case, the Supreme Court, upholding the conviction against the child, explained that "because a child or adolescent is
recognized - under the combined provisions of Articles. 85, 88, 89 and 90 cod. Pen. - incapable of sound mind at the time of the commission of crime, it is necessary to ascertain the nature and intensity of a disease such as to impair, in whole or part of the cognitive, evaluative and volitional subject, eliminating or greatly reducing the ability to perceive the negative values \u200b\u200band social importance of individual self-determination ( ...). Details
socio-environmental and family - in particular
has clarified the Court overturned the decision with reference to new trial - in which the child may be experienced, particularly painful and divisive, although these can have negative influence on the topic invalidating the potential for critical evaluation of their conduct and facilitate the psychological process of "self-legitimization" the crime, they do not by that very fact, compromise the ability of the child to realize the significance of their actions and volition of the same and therefore do not represent a form of mental illness can not be attributed to an opinion legitimizing "(Cass. 31753/2003 Rv. 226281 - Cass. 15084/2010 rev 247141 - Cass. 17661/2010 rev 247335).
"The acquittal of the child can not be attributed pursuant to art. 98 cp - concluded the second penal section - needs careful justification explaining the reason for the restraint failure.
Cassation, Judgement n.6970/2011
The fact of the end of parents' marriage is not sufficient to preclude the punishment of a minor scarring threatening the car owner.
To say it is the Supreme Court. Stoats have established that the cognitive faculties of the child, thought to be incapable of sound mind at the time the offense was committed, must be compromised to such an extent that I can not understand the negative value of the fact that he put in place. In this case, the Supreme Court, upholding the conviction against the child, explained that "because a child or adolescent is
recognized - under the combined provisions of Articles. 85, 88, 89 and 90 cod. Pen. - incapable of sound mind at the time of the commission of crime, it is necessary to ascertain the nature and intensity of a disease such as to impair, in whole or part of the cognitive, evaluative and volitional subject, eliminating or greatly reducing the ability to perceive the negative values \u200b\u200band social importance of individual self-determination ( ...). Details
socio-environmental and family - in particular
has clarified the Court overturned the decision with reference to new trial - in which the child may be experienced, particularly painful and divisive, although these can have negative influence on the topic invalidating the potential for critical evaluation of their conduct and facilitate the psychological process of "self-legitimization" the crime, they do not by that very fact, compromise the ability of the child to realize the significance of their actions and volition of the same and therefore do not represent a form of mental illness can not be attributed to an opinion legitimizing "(Cass. 31753/2003 Rv. 226281 - Cass. 15084/2010 rev 247141 - Cass. 17661/2010 rev 247335).
"The acquittal of the child can not be attributed pursuant to art. 98 cp - concluded the second penal section - needs careful justification explaining the reason for the restraint failure.
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VEGANFEST TO PETA! People for the Ethical
Treatment of Animals (PETA), the world's largest association for animal rights, will attend VeganFest EXPO 2011, 22 to 25 April 2011 Capezzano Pianore in the town of Camaiore (LU).
The American Association, founded in 1980, now has two million members continue to increase, counts among its ranks of activists actors, rock stars and celebrities who pose for his campaigns for free.
The official attendance for the first time an Italian exhibition of PeTA, the VeganFest EXPO, was made possible by the synergy of PETA Media Dept., for PeTA PeTA Germany and UK, and indefatigable activist and co-ordinator Lauren Bowey.
known by all animals to be the most active associations in the global fight against vivisection, is also among the major promoters of international food vegan.
ACTIVITIES '
A few years ago PETA is also present in Europe but not yet in Italy. With the official presence at the EXPO VeganFest, PeTA will acquaint visitors with the Italian VeganFest his last campaign in defense of animals.
The four areas in which they move the campaigns of PETA are:
- fight to the farms;
- anti-vivisection;
- awareness campaigns for the fashion industry (fur etc.).
- combating the use of animals in the entertainment industry (cinema, circus, etc.. ).
exhibition space of the PeTA VeganFest you can register for free to receive by the association, at home for a year, the magazine Vegetarian Starter Kit (for those who have yet to make the choice to power ethics) or AnimalTimes (for those already made the ethical choice and wants to keep informed about the battles for animal rights).
ASSOCIATION:
PETA was founded in 1980 with the aim of defending the rights of all animals. It 'an international non-profit charity based in Norfolk, Virginia, with offices around the world, continues to expand. PETA operates under the simple principle that animals are not our property to eat or wear, use for experiments or entertainment.
PETA educates policymakers and the public about animal abuse and promotes the thinking anti-speciesist at all levels, from schools to the U.S. Congress.
FURTHER INFORMATION AND CONTACTS:
USA Headquarters: www.peta.org
PETA UK: www.peta.org.uk
PeTA NL: www.peta.nl
PeTA FR: www.petafrance.com
PeTA DE: www.peta.de
EVENT:
VeganFestEXPO 2011 will be a great World Fair Expo International Ecological and Vegan organized by LifeNetwork of Promiseland.it
The event will take place in the beautiful Villa of the Pianore Camaiore, Versilia, 22 to 25 April 2011 to facilitate the matching of the most influential ethical associations, the most innovative vegan food, the most important companies in the world Vegan and all operators and people sensitive to the issues of living according to ethics Cruelty Free. The
VeganFest EXPO 2011 will be the first time an international meeting for all stakeholders in the real world Vegan. Seen below a number of exhibition space for companies in the world Vegan (associations, environmental technology, publishing, food and taste, hygiene and bio-cosmetics, clothing and furniture, well-being), a full program of events: workshops, cooking workshops, exhibitions, cultural events, conferences . Do not miss the presence of numerous artists, including Red Canzian of Pooh, but also musicians, actors and performers who have chosen the way of life Vegan. The
VeganFestEXPO 2011 will be a very high level event, with free admission, which will be characterized by the careful selection of exhibitors will ensure compliance with a strict set of rules for the participation of Ethics. In line with this level of supply, will operate a sophisticated restaurant will offer a selection of the best cuisine Vegan. Will also be available to visitors, other areas of quality fast food forever.
INFO: www.veganfest.it
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Exit early from work by falsifying the attendance sheet? Do not risk dismissal
Cassation, Judgement No. 5019/2011
The Supreme Court has held that the employee leaves the post of work a few minutes before end of turn altering the timesheet is punishable by disciplinary suspensions but not dismissal. The case protagonist is an employee at the airport of Alghero to have laid off by unjustifiably left the job after having altered the instrument of corporate control of admissions. The trial court, which had approached the clerk, had annulled the dismissal intimatogli because it would have been a few minutes in advance to leave the workplace when the employee had been terminated the operations entrusted to him in turn. The Court considers unfounded the appeal against the decision from the Court of Appeals upheld the decision of lower courts, noting that "it would be a definite lack of discipline by the employee, but not enough to merit expulsion penalty, in the absence of a conscious intention to evade the control, and thus properly considered punishable with five days of suspension."
Cassation, Judgement No. 5019/2011
The Supreme Court has held that the employee leaves the post of work a few minutes before end of turn altering the timesheet is punishable by disciplinary suspensions but not dismissal. The case protagonist is an employee at the airport of Alghero to have laid off by unjustifiably left the job after having altered the instrument of corporate control of admissions. The trial court, which had approached the clerk, had annulled the dismissal intimatogli because it would have been a few minutes in advance to leave the workplace when the employee had been terminated the operations entrusted to him in turn. The Court considers unfounded the appeal against the decision from the Court of Appeals upheld the decision of lower courts, noting that "it would be a definite lack of discipline by the employee, but not enough to merit expulsion penalty, in the absence of a conscious intention to evade the control, and thus properly considered punishable with five days of suspension."
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runs away from home because the mother-in-law is too intrusive? He's right. No separation of the charge. Valid
Cassation, Judgement n.4540/2011
A too pushy mother-in-law sufficient to justify the marriage crisis. The claim that the judges of the Supreme Court can not 'be charged the guilt of separation to the spouse who leaves the conjugal roof to escape from a cumbersome and mother-in-law with whom he often fights. The decision of the First Civil Chamber of the Supreme Court has upheld an appeal by a woman who The bill was the fault of separazzione for abandoning the conjugal roof. The woman, however, had supported the intolerable 'coexistence due its excessive interference "of the mother-in-law. The lower courts had charged the separation of the young lady but now the Supreme Court overturned the verdict by placing a new inquiry into the case before the court and recalling that the "just cause of separation 'and' apparent even" in cases of frequent quarrels with his wife's mother-in-law domestic partner and the resulting progressive deterioration of relations between the spouses themselves.
Cassation, Judgement n.4540/2011
A too pushy mother-in-law sufficient to justify the marriage crisis. The claim that the judges of the Supreme Court can not 'be charged the guilt of separation to the spouse who leaves the conjugal roof to escape from a cumbersome and mother-in-law with whom he often fights. The decision of the First Civil Chamber of the Supreme Court has upheld an appeal by a woman who The bill was the fault of separazzione for abandoning the conjugal roof. The woman, however, had supported the intolerable 'coexistence due its excessive interference "of the mother-in-law. The lower courts had charged the separation of the young lady but now the Supreme Court overturned the verdict by placing a new inquiry into the case before the court and recalling that the "just cause of separation 'and' apparent even" in cases of frequent quarrels with his wife's mother-in-law domestic partner and the resulting progressive deterioration of relations between the spouses themselves.
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