Saturday, February 9, 2008

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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.

Saturday, February 2, 2008

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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.