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Accused of False start anything

happens too.

Such is under investigation for about a year and known to be a PM for a brilliant career.

Upon completion of the preliminary inquiry was held over for trial and invited to appear before a judge sitting alone.

arrived the day of the hearing, the judge realizes that the PM did not make any head of the charges against him and that acts nor is there a lawsuit for the appointment.

writes, in fact, the court : "Indeed there is no xxxxx against neither the lawsuit nor the indictment. Should, therefore, accepted the conclusions of the Article defender ..... 469 cpp is the admissibility legally declared immediately.

No pronouncements as to the costs of justice, given the absence of both quarela that its charging. "

However, even the judge does not want to go unnoticed and, in the device, finds a way to complete the absurd story ANSWER: "State not to proceed against xxxxx for the crime ascribed to lack of prosecution."

But what if no crime had been suggested anyone?

About pay the cost of justice?

that of the lawyer defending the accused ghost?

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continued

Back in 1995 a company fails and ensures a shortfall of about a billion and a half, at that time were not peanuts.

's Attorney, with an incredible speed, after only one year, obtained from the GUP decree ordering the trial in confornti of the two directors.

The Court, after waiting five years in a trial full of twists, finally in 2001 discovered that the fact " was configured differently than in the charges " and orders the transmission of documents to the PM. These

obtained in February 2004, a new trial with a new larger formulation of imputation, but the Court declared invalid even this formulation and transmits the documents to the PM, which, however, strengthened by the fact that the GUP was the same who had ordered the proceedings and therefore believed that the correct charge, does not change anything and get in December 2004, another decree ordering the trial, but the Court, of course, also cancel this decree.

The PM at this point still change the charge and get the fourth decree ordering the trial in May 2006.

This time the Court makes no questions about the charge, but discovers that, with the entry into force of the former Cirielli (December 2005), which reduced the terms of prescription, the crime of bankruptcy was terminated in 2007 after 12 years and six months from bankruptcy and, therefore, with a few lines of reasoning, declaring the offense settled for two directors.

Some might think that evil, if it had not been found to settle the offense this case, there would be the fifth round between GUP and the Court.

The creditors of the bankrupt company and the employees were not at all fun to watch the match.

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damage and insult that is happy and duped

This is the story of such a trivial which have wrecked car following a collision.

The award has not indicated the year of the event, but certainly this should have happened at least 15 years ago, as the proceedings on appeal was started in 1998 and sold in 2004.

The magistrate had ordered a technical consultation on the damaged vehicle and the consultant had found that to repair the damage would require a certain amount + VAT and that the car would have been stopped for repairs for some time.

Despite these valuable insights, the magistrate, before 1998, had decided that the tortfeasor and the insurance claim only the budgeted amount for repairs, without VAT or stationary engineer.

The victim had appealed and the Court (in 2004) had rejected him claiming that there was no evidence that the car had actually been repaired and then had remained stagnant for repairs.

At this point (and we are in 2005), the victim, relying on the judgments of the Supreme Court recognizes that in these cases, in addition to the sum for the repairs, including the reimbursement of VAT and fair compensation for the detention technical appealed to the Supreme Court, articulating three different grounds: the first for the VAT, the second for the detention and the third for technical expenses, which an appeal had been laid against him.

And then the Supreme Court, Judgement No 1688, filed January 27, 2010, referring to its principles of law, as advanced by the appellant, finally gives full reasons for this reason:

"The sentence that he has not adequately set out the principles, must be, therefore, quashed on that point. Not being a need for further findings of fact, this Court, pursuant to art. Cpc 384 may issue a decision on the merits, as device.

remains absorbed on the third ground of appeal which relates to the expenses of the proceedings, there being here an order as to costs of the whole process.

There are good reasons to fully offset the expenses of the parties' whole process. "

So, after so many years because of the poor damaged, will also receive the satisfaction of the VAT refund for the detention and technical, but must respond to his expenses and attorney's fees of three levels of courts, which certainly far outstrip the sums for which he fought so much.

And this time it will not appeal to anyone with lots of greetings to the principle that costs follow the unsuccessful and encouragement to many insurance companies to continue to pay the amount due.

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Happy Easter

After so long, Themes Black resumed his publications.

I chose the image you see why I believe it represents well the spirit of Easter.

We humans eat the lamb, while his mother takes care of the lion cub abandoned chimpanzees.
Readers, which were just friends, after the publicity that the Higher Judiciary Council wanted to give this blog, and many are now asking me to renew all the pomp of rulings that now I see mentioned in many other articles and posts, as example of sloppiness and carelessness in the exercise of judicial functions.

A few days is a senior and this will make it harder for direct access to the sources from which to draw the best pearls, but I trust in the goodness in the number of friends and lawyers and judges who generously sent me judgments worthy of an ironic comment, in style of Black Topics.

Since the carelessness and superficiality are not characteristics esclusive della magistratura italiana, ma si incontrano anche in altri Paesi, inizierò questa seconda serie con una sentenza della Corte d'Appello di Riom (Francia), che doveva giudicare sul punto se i rumori di un pollaio eccedessero o meno la normale tollerabilità per gli abitanti delle vicinanze.

In primo grado il Tribunale di Clermont-Ferrand aveva ritenuto che i rumori ed il fastidio erano eccessivi.

In appello ecco la motivazione: "Considerato che il pollo è un animale anodino e stupido, al punto che nessuno è ancora riuscito ad addestrarlo, neanche un circo cinese;

che la sua vicinanza comporta molto silenzio, alcuni teneri borbottii e dei suoni che vanno dal gioioso (quando depone l'uovo) to clear (when enjoying a little worms of earth), past the startled (the sight of a fox);

that this pleasant neighborhood has never disturbed except those who for other reasons, feed resentment towards the owners of such fowl ;

that the Court will not judge that the boat never bother the sailor, the flour the baker, the violin, the conductor and the chicken a villager La Rochette, a fraction of Salledes (402 souls), the Department of Puy de Dome;

For these reasons, reverse the verdict of first degree, and sentencing the plaintiff to pay the costs of the two sets of proceedings. "