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policy without penalty. The court

It 's amazing, but I think it is true that a number of judges do not know what are the limits prescribed by law for the crime of murder. They should be invited to re-read Article. 23 cp, the general rule which states that "the punishment of imprisonment extending from fifteen days to twenty-four years," with art. 575 the Code, which provides for the murder "a term of imprisonment of not less than twenty years."

Then, in the absence of aggravating circumstances that lead to life imprisonment (which is a different kind of pain), the crime of murder shall be punished by a penalty from twenty to twenty-four years in prison.

also know the students in their third year at university, but I forget giudici anche con oltre venti anni di anzianità.

Eh si, perché solo così può spiegarsi il ragionamento di un giudice che, dovendo determinare a seguito di procedimento con rito abbreviato, la pena per un tale, ritenuto responsabile di omicidio senza aggravanti, espone questo ragionamento.

" All'imputato, in ragione del suo stato di incensurato e del suo comportamento successsivo al delitto, ivi compresa la condotta processuale, improntata ad assoluta collaborazione con gli inquirenti per la ricostruzione dei fatti, vanno riconosciute generiche circostanze attenuanti.

Deve essere concessa, poi, la diminuente di cui all'art. 442 c.p.p. per la scelta del rito abbreviato.

Per cui, avuto riguardo agli elementi tutti di cui all'art. 133 c.p. (e, segnatamente, alla gravità del fatto desunta dalle modalità di realizzazione dello stesso e dalla circostanza che l'imputato ha agito con dolo intenzionale) si stima equo infliggere la pena di quattordici anni di reclusione (pena base ventiquattro anni di reclusione, ridotta ex art. 62 bis c.p., a ventuno anni di reclusione, diminuita ex art. 442 c.p.p., a quattordici anni)."

La gravità del fatto sarebbe desumibile dalle modalità di realizzazione dello stesso, ma se si considera che non sono state ravvisate aggravanti di alcun tipo, è evidente che tali modalità non possono essere se non quelle minime to achieve the homicidal intent, the willful misconduct is typical of most murders, that is the clear intention to kill.

these two considerations may justify the application of the maximum sentence? We can be sure that the judge knew that he was imposing the maximum penalty prescribed by law, despite the incensuratezza and full cooperation with investigators, so clearly stated?

seems reasonable to me a few questions! It seems more likely that court seem small base a sentence closer to the minimum and maximum decrease slightly appropriate for granted extenuating circumstances, then that would lead to further reduction provided for in Article. 442 CPP resulting in a final sentence in his opinion inadequate.

But if this was his idea, the motivation would be different, more specific, failing that, how can you claim on appeal such a decision?

Easy, you will almost certainly close to a final sentence of ten years and then can accuse the Court of Assizes of Appeal (and the PG audience) laxity in regard to criminals, while the good judge will be considered an example rigor of the judiciary.

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To justify a conviction, a court uses the following well-known expression:
"It should be noted that the narrative of facts provided by Tom (the injured party ed) .... is substantially reflected in the eye , harmonious and disinterested witness statements Caio (heads ed.).

When you say "talking eyes"

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imaginative apotheosis of absurdity in an article of charge

The story is banal. A quarrel between two brothers and their neighbor. At one point the two brothers shatter the windows of nearby car and threaten him with a pitchfork shouldered by one of them

At this point the neighbor, who is a cool guy, the gun wrench, follows the two brothers, go into their house, broke the windows of the front door, smashing into three-door, threatened the brothers death, pursues them wielding a wrench, a slightly injures to his head and tries to hit another.

the end of the outburst comes from the nearby house of the brothers and, with the same wrench, smashes the car windows of one and finally calms down.

Here's how the story is reported in the head of the charges against him:

"a) the crime of Articles. 56.575, 577 for CP, hitting repeatedly in the head with a wrench and the body, taken a direct fit with reasonable certainty to cause the death of ... (the brother ed), failing in order to cause independent (sic) of his own, having the victim partially dodged the blow.

With the aggravation of having committed the offense for petty reasons.

b) of the crime under Articles. 582 and 585 for CP, hitting him with a wrench, caused to .... . (The second of the brothers Ed), personal injury, considered curable in day 5 (five).

By agggravante to have committed the crime with a weapon (but not for trivial reasons ed)

c) of the crime under Article. 614 since last. paragraph CP for having introduced in the home of ... (A brothers) against the will of the latter.

With the aggravation of having committed the act with violence against things consists in breaking the windows of the front door. (But for this offense is not trivial reasons they consider the editor's note).

d) of the crime under Article. 612 co II. CP for having uttered the words "I will kill you no longer have to live I'll show you who I am," threatened to give an unfair (brothers Ed.)

By aggravating the serious threat.

e) of the crime under Article II co .635. N. 3 CP for, breaking the windows, damaged the car owned by xxxx ... (One of the brothers ed), regularly parked.

with the aggravating circumstance that he committed the act on what exposed the public trust.

f) of the crime under Article. CP 635 for damaging three doors inside the home of ... (One of the brothers Ed.)

g) of Article the crime. 393 CP because, in order to exercise the purported right to defend their personal safety at that time threatened by (the brothers), one of which armed with a pitchfork, which, however, had shattered the windows of his car, being able to court, it was arbitrarily reason by itself in particular to arming wrench, and carrying out the conduct described in the preceding chapters..

With this incredible charge, the defendant offers a plea bargain and get with the expanded application of the death of four years in prison after provocation on the prevalence of the alleged aggravating and the judge, not to be less than its PM, unable to forget to condemn him to pay the costs and additional punishment temporary disqualification from holding public offices.

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Who is the cheater and the cheated who?

Tom opens a bank account with limited funds and once you give a nice checkbook.
delivery immediately to block Caio, who trades in a few days all checks with fake signatures of Tom, for much higher than the total amount of funding.
the return of the first check in the bank, the bank warns Tom that there are sufficient funds to pay them and, immediately lodge a complaint against Dick for fraud, embezzlement and forgery in block grants. In this way gets the seizure of all checks outstanding at his false signature.
is held the trial of Gaius in which Tom is careful not to become a civil party, and Dick, pluripregiudicato for similar offenses, be sentenced to quite mild, to join in continuation with previous convictions (and of course to condone). Caio
But, not content with the fortune they enjoy, appealed, saying candidly that the trick had been agreed with Tom to defraud third parties to whom the checks were delivered, which, with the appropriate lawsuit apparent cheated, they would were all seized and blocked for years. In conclusion
Caio is acquitted because there was deception in obtaining the surrender of the checkbook, because there had been no misappropriation, since such delivery had been agreed for just that purpose and that the false signature was the very instrument for the judicial seizure of the checks.
real cheated yet there is no news. But the trial of false
fraudster lasted seven years.

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in jail without many explanations.

Such is arrested for the murder of ...... At the hearing of the arrest is richeista validation and applied the measure of custody in prison.

defender and proposes a petition for review before the Court of Review's what emerges:

Despite being contested measure included in the validation stage of the hearing does not appear in any written document or in the order coercive nor recorded in the minutes of that order which is an integral part, the description of the act complained of, requirements, under penalty of nullity, in paragraph 2 letter. b) of Art. 292 cpp.

but not enough, "also appears to be completely omitted, the order under appeal, any statement of reasons for the existence of the precautionary needs, as the court merely cited the art. 274 cpp, without offering or the identification of the nature of supervision requirements (danger of escape, evidence of pollution or relapse), or the statement of facts integral prediction rules.

Based on these considerations, the Court correctly the Review notes that "in this case was faced with a real lack of motivation, not susceptible to integration by the College of liberty and determining the need to set aside the order pending trial" and, therefore, cancel the order and shall immediate release.

In conclusion the suspect, free as a lark, of course, is now losing its tracks, with a gratitude that court so brief and hasty.

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play a tambourine with the process.

A senior official of a large municipality is sued for false ideology in 1999.

After several months of investigation, the prosecutor asked that the proceedings, why do not erano emersi fatti penalmente rilevanti, "quanto meno sotto il profilo soggettivo".

Proposta opposizione dalla parte offesa, il G.I.P. "disponeva l'espletamento di ulteriori indagini".

Nel 2001, espletate le ulteriori indagini, il P.M. formulava altra richiesta di archiviazione perché "non vi è materiale per sostenersi sussistenza di alcun fatto penalmente rilevante".

Il G.I.P., per la seconda volta, a seguito di nuova opposizione respingeva la richiesta, ordinando il compimento di ulteriore attività di indagine.

Nel 2002, il P.M. reiterava la richiesta di archiviazione ritenendo che "le indagini continuano a confermare l'insostenibilità in giudizio di accuse di falso ...".

Third bit of opposition and at this point, the GIP ordered the PM "the formulation of imputation relation to the offense for which today we proceed."

passed two years after that order had been carried out without further investigation, and, finally, in March 2004, the PM requests of trial, but was declared invalid by the failure to GIP to view art. 415 bis cpp, return of documents to the PM, who, for some reason, no longer asked the trial, but again (May 2004) because the filing "does not appear in any predictable way a condemnation of the criminal case stated by GIP. Yet another objection

bit and the declaration of inadmissibility of the request of the PM by the GIP, which again ordered him to formulate the charges relating to the offense originally assumed.

been nearly two years without further investigation, in March 2006, the PM finally formulated the charge and asked for feedback.

But, surprise, surprise, here is the decision of the GIP as is apparent from this particular sentence.

"The evidence gathered during the preliminary investigations are not suitable to support the charge in today's court proceedings against the accused as to the offense charged, as repeatedly stated by the PM owner of investigations into the four storage requirements fully - Albeit briefly - motivated.

In fact, careful evaluation of the documentation of ...., subscripts do not indicate the existence of the alleged offense and to make useful the prosecution in the trial. "

Based on this reasoning," is imposed against the accused of today's decision of a ruling not to prosecute pursuant to art. 425 Code of Criminal Procedure because the crime does not exist. "

The tambourine has lasted seven years, but I think no one is amused.

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donations for a crime

This is a case of illegal occupation of a property. The offense is expected from 'Art. 633 CP and is a crime peacefully.

counsel for the defendant asks to be admitted to the oblation (which is a way of extinguishing the sun fines) and the ruling here (in the content of which is not given notice of opinion, positive or negative PM):

"By order of the GIP .... the defendant admitted causing the oblation in the Euro .... sum to be paid in addition to paying the costs.

The defendant has regularly paid the amount due within the term imposed.

Go, therefore, pronounced sentence not to proceed, ex art. 129 Code of Criminal Procedure for the offense settled in mind the provisions of art. 162 a uc (meaning the CPP, which deals only contraventions ed).

For the reader not a lawyer, remember that the distinction between crimes and misdemeanors is one of the first things you study the course of criminal law, as well as basic principle is that the sacrifice is a means to define only the fines.

The ruling is the work of robed judges and always highly evaluated in career advancement.