Wednesday, April 2, 2008

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Monotribunale

We had seen the bibunale, but surprises never end. The latest comes from
monotribunale, I do not think that could be assessed differently.
This is a cause for declaration of nullity of a civil marriage.
The citation shall be served with a subpoena before a court, the case is assigned to a judge who, since the first hearing, the President is qualified and carry out education.
performs several hearings, hear the lyrics, to the conclusion the parties and, in the end, the court shall bear the following heading: "Court of ...., in the person of Judge xyxy"
follows the text of the sentence and the device and then signing: preceded by the title "President extender."
I wonder if the participation of the PM has given rise to some doubt that this President extender because, by its nature, should be decided by a panel.
I wonder if he forgot to write the names of the other two judges who, in his mind, would have had to make this college.
Certainly it seems that others, outside of the president, have known of this case, at least nothing clear from either the verbal or from any source.
Yet something must have moved in the mind of this court, since no one has ever declared a single judge, but "President", except in the header of the case in which more modestamentre it simply states "judge" (Although signing with the best title of "president").
Obviously those who had the worst one was challenging the ruling and, as the first reason, he called for the annulment of the measure.
If the Court will follow up this request, it will be lost seven years, this being the time it took for the "President of the extensor" did know his thoughts.

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The review of a decision to test .... old.

There is an Appeals Court which suspended the execution of criminal sentences, handed down in 2006 due to a "new evidence" obtained in 2005.
An applicant for review, definitely convicted in 2006 for receiving a stolen check, relying on Article. 630, letter c) Code of Criminal Procedure, said that in July 2005 had declared the victim of theft to the police of PS in reality that his check would not have been stolen, but was cheated.
Based on this finding alone demanded, as a precautionary measure, the suspension of the sentence and the Court of Appeals, while acknowledging that the declaration was in 2005, but suspended the execution causing the release, if there were other securities custody, notwithstanding that the proof (if indeed such, and that still could have no effect on the crime of receiving stolen property for which he was condemned, but only on the predicate offense that could change from theft to fraud, but without substantial consequences liability) was known and known by the same defendant before he was given the 2006 ruling that sentenced him.
And all this despite the fact that PG, in his opinion, had explained at length that the evidence was not sufficient and it was "old" and consequently that the request for review should be declared inadmissible.