Rivista italiana di diritto e procedura penale

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Mediation and Reconciliation Models in Italian Legal Experience

rivista italiana di diritto e procedura penale

Presentazione del corso PROCEDURA PENALE - Corso Avanzato

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Your country has been set to: United Kingdom. If you would like to change this, please choose your country from here. N2 - This paper explores, from an evidentiary perspective, the treatment at trial of criminal responsibility of adults and lack thereof due to insanity. While, on the one hand, modern positions in criminal law theory consistently include the subject's mental capacity among the elements of culpability, on the other hand, most of the case law continues to consider it as an external element to the structure of the offense. Such a classification, which is dictated by the need to lighten the prosecutor's burden of proof, has several major consequences on the actual effectiveness of the legal institution.

Login via Institution. Login with your institution. Any other coaching guidance? Don't have an account? Currency and addition of Tax VAT depend on your shipping address. Author: Maria Elena Castaldo.

Dolcini E. The issue of punishment is connected with several constitutional principles, such as the inviolability of personal freedom, the principle of equality and the rule of law in criminal matters. Indeed, some believe that the Constitution only admits imprisonment and excludes any alternative punishment. The final part of this essay on this approach. Sieber U. This system allows administrative authorities to impose financial sanctions that are not stigmatizing but in some cases have a high afflictive content. This essay analyses the law of the Ordnungswidrigkeiten with the aim of assessing its structure and forecasting some potential developments.



Profili generali del diritto processuale tedesco

Rivista italiana di diritto e procedura penale n. Vervaele J.

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