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The offense concerning the sale of drugs does not exist in the case of intentional suspension. The Court of Palermo, in examining the situation of a Venezuelan citizen, whose trial had been separated from that of the other co-defendants both Italian and foreign, who had already been judged, established that there was absolution as the offense it does not exist, from the disputed accusation of crime for having brought in It between 100 and 200 kilograms of coca bought by the same in Venezuela, to be brought to the port of Pa, all to be sent to the hands of Italian criminals operating in Ba.

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After examining all the phases of the trial, the court ruled that the offense did not occur because the so-called intentional interruption with the relative inexistence of the crime of importing coca into the offense was highlighted in the conduct of the guilty party and the co-defendants.

It. In fact, even after the detention had been established for an ombudsman, the defendants could, however, proceed to apply the plan in anticipation.

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The Public Prosecutor of Pa appealed to the Court s decision, considering the so-called intentional interruption to be invalid, as there was an error in assessing the reasons that led to the unsuccessful implementation of the importation of cocaine into It.

Such reasons can only be recognized in the non-arrest of the mediator, the decision whose role in conducting such an operation is recognized by the Court itself. In itself, detention blocks the planning plan already prepared structurally.

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In a second moment the appellant Judge considered to assume the conduct of the accused as a possible hypothesis of crime committed by the proposed sale of coca.

However, this type, as required by the jurisprudence, does not determine who accepts the acceptance of the sales proposal. If you accept, with regard to the consensual agreement of a civil nature that regulates the purchase and sale of drugs, it means to bring the event back into the sector of renunciation or sale.

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The appeal of the Judge has been hampered by the testimony of the lawyers of the accused person, demonstrating that the other subjects involved in the same crime have been acquitted by an ascertained intentional interruption.

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The Court of Appeal of Pa, in relation to the trial in the first instance, considered the conduct of the accused as "complete proposal for the sale of a large amount of narcotic substance as coca" and, therefore, ordered the transmission of the documentation to the P.M. competence.

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If the unsuccessful agreement on the purchase and sale of drugs is not sufficient to evade the purchase activity when they are made, as in the case of activities that are incontestably directed to the purchase, different judicial measures must be implemented for the position of the probable trader - trafficker.

His behavior is combined with the proposal or sale of the narcotic drug in criminal terms pursuant to art. 73 co. 1 of the Consolidated Law on Drugs (Presidential Decree No. 309/1990). In this different type of "forewarned" sentence, established without the need to accept the sale proposal, the behavior of the Venezuelan must be considered.

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The appeal appealed to the Court of Co against the appeal. Accepted by the Supreme Court with the provision n. 16938/2012. the complainant also challenged the erroneous appeal against the accused of the different offense of the proposed sale of narcotic substance.

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In fact, the judge had already ascertained the possible different legal attribution of the impugned accusation, assigning to the legal level the different crime of the sale proposal and canceling it with a valid motivation.

Furthermore, the Judge also pointed out that the forewarned conduct of the sale proposal had already been overcome by some actions committed by the accused which showed the subsequent conduct of probable illicit traffic not carried out by intentional interruption.

However, the Court of Appeals did not assess whether the conduct of the proposed sale was to be deemed to have been superseded by the following traffic offense, concerning any further evidence that could modify the already established process.

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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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