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The provision is motivated by the judicial authority, ex officio or on any request. The circumstances that can lead to such a seizure mainly involve the discovery of the body of the crime or of objects referring to it.
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Objects seized by the Pl after a stop.
The current criminal procedure code specifies among the various devices useful for the verification of the proof of the crime, or between the instruments available to the Public Prosecutor and the Judicial Police for such an assessment, the probate seizure. The latter is directly linked to the so-called search because it is usually a direct result.
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The judicial authority disposes, through a justified and justified provision, the seizure of the body of the crime and all the objects that refer to it to ascertain the existence of the facts (art.253 c.p. p.).
In the event that the judicial authority is not able to proceed in a timely manner, the seizure of the same objects before they are dispersed due to the delay of the intervention by the Public Prosecutor (Article 354 paragraph, paragraph), is carried out by the judicial police.
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The code of criminal procedure governs the seizure of: mail, securities, values, and sums of current accounts.
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Fundamental is the motivation that induces the provision of seizure, as the same is what allows to verify the existence of the conditions of law and, therefore, its validity.
In opposition to the provision for confiscation, both the person accused and the person to whom the objects have been stolen, as well as the person to whom the same objects should be returned, can proceed to forward the request for re-examination on the art. 324 c. p. p .. Question that, however, does not cancel the application of the provision.
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The objects seized are kept in the chancellery of the judge or in the secretariat of the PM; if this is not possible, the Judge proposes another suitable venue, appointing a guardian and reminding him of his duties and legal obligations and the penal responsibilities he incurs if he violates such a provision.
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The seizure is canceled, however, when there are no needs that have arranged it; usually after the results of the preventive investigations. However, this does not exclude that the seizures provided by the effective precautionary measures are substituted on the same objects.
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The crime of slander is regulated by the art. 368 of the penal code, states:
"a subject, through a complaint, lawsuit, or at the request of an instance, even with anonymity or name, addressed to the judge or another authority that has the obligation to communicate it to the same, accusation of a person who he knows he is not guilty, that is to say the accusation of an unfulfilled crime, he is punished with imprisonment from 2 to 6 years ".
The sentence is increased if you accuse a subject of a crime for which the law provides for the punishment with arrest up to a maximum of 10 years, or another sentence even more serious. The prison is from 4 to 12 years if the fact results in a sentence of imprisonment of more than 5 years, and is from 6 to 20 years, if the fact derives a sentence that provides for life imprisonment.
The law punishes the behavior of those who, with a complaint addressed to the judge - or another authority that has the obligation to communicate it to the same, accused of a crime another person aware of his innocence.
The expressions of formal slander and material slander are also used to distinguish between the two different types of offenses regulated by legislation (filing a complaint or fiction of a crime).
If he is accused a person must have been committed a crime, be it murder or sanction.
It can also refer to a crime that never existed, that is a crime committed by other subjects. However, in order to accuse a person of a crime, you must specify his name and give all the necessary information to make his recognition.
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The common idea that has now taken root in jurisprudence is that, in order to constitute the crime, it is sufficient that the complaint or its simulation be suitable for carrying out a criminal procedure. This supposition is often also foreseen in the slander in application of the general criteria of necessary damage of the protected good and of an impossible crime.
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The accused person does not necessarily have to correspond with who acts, otherwise we would find ourselves in the different case of nmv. Finally, it is also assumed that the slanderous subject is not condescending to the inconsistent denunciation; in this case we would find ourselves once again involved in the different type of offense of nmv.