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TERMS FOR PRESENTING THE QUERT

The lawsuit, first of all, must be advanced only when the subject who has been struck by an offense can not proceed from office, or an unlawful punishment for which a request for a lawsuit is required.

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The commencement of a criminal procedure, and of the related investigations, nevertheless take place without the filing of a lawsuit for all the offenses punishable ex officio; for the latter, in reality, it is useful a complaint, or any other way in which the news of illicit can reach the competent judicial authority (difference between lawsuit and complaint).

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Art. 124 of the Criminal Code establishes that, unless the law orders otherwise, the lawsuit can not be filed after 3 months from the day in which it became known that the offense is considered illegal. Thus, the deadline is 3 months, and the time from which they begin to elapse (dies a quo) is not that in which the offense took place, nor the moment in which the offensive conduct took place, but the moment in which the offended subject has received news (as in the robbery the term of 3 months starts from the day on which the offended subject has become aware of the same, not from the antecedent one in which the robbery is performed).

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To be precise, "the deadline for filing a lawsuit commences from when the offended subject has acquired the full knowledge of all the objective and subjective characteristics that make it possible to evaluate the unlawful act" (see Criminal Court, Section IV, 3 April 2008, No. 13938).

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In the current legislation a person is investigated when his name is recorded in the appropriate file regulated by Art. 335 p.p.p.

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In truth, when the PM conducts investigations on a subject, he must record it in the "Illegal News Booklet"; from that moment that subject is officially investigated. According to the Art. 60 cpp, while a subject investigated or not, becomes a defendant when he is sent to trial (Article 416 of the Code of Criminal Procedure), when request for immediate judgment (Article 453 of the criminal procedure), sentence of conviction (Article 459 cpp) , implementing the sentence pursuant to Art. 447 paragraph 1, or the direct court call (Article 550 of the Code of Criminal Procedure) or of the trial by top management (Article 449 of the Code of Criminal Procedure).

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In fact, a subject becomes a defendant when the Public Prosecutor acts criminally against him. Qunidi, if the suspect is only a subject to preventive investigations, with the result of which, if anything, the Public Prosecutor can also file the case, the defendant is a subject in all respects to a criminal proceeding.

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A further difference, no less important, is that a legal register (see Article 2, D.P.R. 313/2002) shows "nothing" until it becomes officially a defendant; in a second time there will be the criminal trial for which we are accused.

The subject offended by the unlawful is the person responsible for the right profaned by the guilty party; it is generically roughly called the injured party.

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Even if the criminal code does not offer an explanation of the offended subject of the offense, the Art. 120 of the Criminal Code establishes that he has the right to a lawsuit, or he can claim from the Legislation that the responsibility of the guilty person at criminal level is verified.

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Mainly the code states that "any person injured by an offense that can not be prosecuted ex officio or behind a complaint or appeal has the right to a lawsuit"; in fact for the legislation, provided that there are no offenses punishable ex officio (or on complaint or appeal), only the subject offended by the unlawful can request legislation that is advanced against the perpetrator of the unlawful.

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Contact us in case of detention or criminal or civil problems. The law firm in London, New York, La Vegas, Rome, Naples, Milan, Italy, Germany, Spain, France and has over 15 foreign branches, is directed towards criminal and international law, a format for criminal lawyers mainly deals with the defense of people accused of crimes penalties such as drug trafficking, financial and economic crimes, white-collar crimes, murder, violence, rape and any type of crime. Contact us now for effective criminal defense.

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