Prescription And Sanctions Clarification

Summary

Under Legislative Decree 231/2001, the prescription period for administrative sanctions is five years, starting from the crime date. If interrupted, a new period begins. Article 16s definite ban applies only to severe offenses explicitly mentioned. Even if an entity is primarily used to facilitate crimes, Article 16 cannot be applied unless specified for that offense. Regular judicial reviews ensure sanctions remain justified. For offenses like those under Article 25-decies, Article 16 does not apply unless explicitly stated.

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So if no judgment occured before * .. there will be prescription?
Yes, according to Art. * of the legislative decree */*, if no final judgment occurs before *, the crime will be prescribed. The key points are:
- Initial prescription period of 5 years from the crime date (*), ending in *.
- Interruption with rinvio a giudizio in * starts a new *-year period.
- Prescription is paused until the final judgment.
Would you like further clarification or assistance on this matter?
Can article * */* (definite ban of excerise activity ) apply to all offenses or */*?
Article * of Legislative Decree */* discusses sanctions related to the ban on exercising activities. However, it doesn't apply to all offenses under */*. It specifies certain offenses for which this sanction can be applied.
- The offenses must be particularly severe.
- It requires the periodic review and confirmation by a judge.
Would you like more details on specific offenses or situations?
What does periodic review and confirmation by a judge mean
Case Rating: *
Periodic review and confirmation by a judge means that a judge regularly evaluates the case to ensure that the conditions justifying the sanction are still met. This process ensures that the application of the ban remains appropriate and justified over time.
Would you like more details on the specific offenses or situations that require this review?
Yes say it
Case Rating: *
Periodic review and confirmation by a judge involves regular evaluations by a judge to ensure that the conditions justifying the sanction (such as a ban on exercising certain activities) are still met. This ensures that the sanction remains appropriate and justified.
Would you like more details on the specific offenses or situations that require this review?
Does when a judge make periodic review in */* case he always apply definite ban of art *?
Case Rating: *
To address your question, when a judge makes a periodic review in a */* case, the application of the definite ban under Article * depends on the specific circumstances and severity of the offense. The judge assesses whether the conditions justifying the ban are still met.
Would you like more details on the conditions or specific offenses that might lead to the application of Article *?
I mean does he always apply article * or thinks about applying it when he makes periodic review ? Or he can make periodic reviews for less severe sanctions
Case Rating: *
When a judge conducts a periodic review in a */* case, they do not always apply Article *. The judge assesses whether the conditions justifying the sanction remain valid. They can also review less severe sanctions based on the case's circumstances.
Would you like more information on the criteria for these reviews?
Can the judge make periodic review when the offense is only pecuinary and no interdictive sanctions under */*?
Case Rating: *
In cases under Legislative Decree */*, periodic reviews by a judge are typically associated with interdictive sanctions (such as bans on exercising certain activities). If the offense is solely pecuniary (monetary), periodic reviews are generally not required.
Would you like more details on the specific criteria for these reviews?
What does periodic review mean in legal terms
Case Rating: *
In legal terms, "periodic review" refers to regular evaluations conducted by a judge or relevant authority to ensure that the conditions justifying a sanction or measure continue to be met. This process helps maintain the appropriateness and fairness of the sanction over time.
Do you need more detailed information on periodic reviews in a specific context or law?
Under d.lgs */* can the judge theoretically apply or legally apply article * */* (definite ban) to all offenses of */* ?
Case Rating: *
In response to your question:
Under Legislative Decree */*, the judge cannot theoretically or legally apply the definite ban under Article * to all offenses. The application of such a ban is restricted to specific, particularly severe offenses and requires periodic review and confirmation by a judge.
Would you like more details on the specific offenses or conditions under which Article * can be applied?
Article * decies can it be applied?
Case Rating: *
Article *-decies of Legislative Decree */* addresses specific offenses related to the violation of copyright and intellectual property rights. It's not applicable to all offenses under */*.
To provide more specific information, could you tell me the nature of the offense in question?
Under d.lgs */* can the judge theoretically apply or legally apply article * */* (definite ban) to all offenses of */* ?Or only to the offenses its provided?
Case Rating: *
Under Legislative Decree */*, the judge can only apply the definite ban under Article * to specific offenses that are particularly severe, as provided by the law. It cannot be applied to all offenses indiscriminately.
Would you like more details on the specific offenses or conditions under which Article * can be applied?
(( (Induzione a non rendere dichiarazioni o a rendere dichiarazioni mendaci all'autorità giudiziaria). !. In relazione alla commissione del delitto di cui all'art. *-bis del codice civile, si applica all'ente la sanzione pecuniaria fino a cinquecento quote.)) Thats what you meant above?
Case Rating: *
Yes, under Legislative Decree */*, the judge can only apply the definite ban under Article * to specific, particularly severe offenses. It cannot be broadly applied to all offenses.
- Article *-bis of the Italian Penal Code addresses inducement to not make statements or to make false statements to the judicial authorities.
- It applies a pecuniary sanction of up to * quotas to the entity involved.
Would you need further details or assistance on a specific aspect of this?
Can in this case article * be applied?
Case Rating: *
To help you better, could you please specify the nature of the offense committed by the company? This will assist in determining if Article * can be applied.
Art. *-decies (( (Induzione a non rendere dichiarazioni o a rendere dichiarazioni mendaci all'autorità giudiziaria). !. In relazione alla commissione del delitto di cui all'art. *-bis del codice civile, si applica all'ente la sanzione pecuniaria fino a cinquecento quote.)) This one
Case Rating: *
For your question about Art. *-decies and its relation to Art. *-bis of the Italian Penal Code:
- Art. *-decies pertains to inducement to make false statements or not make statements to judicial authorities.
- The sanction is a pecuniary fine of up to * quotas for the entity involved.
Article *'s definite ban typically applies to more severe offenses. Would you like more details on the specific offenses under Legislative Decree */* that may warrant Article *'s application?
But in summary you didnt answee does it apply art * to it?
Case Rating: *
Article * of Legislative Decree */* generally applies to more severe offenses. In the context of Art. *-decies and Art. *-bis related to inducement to make false statements or not make statements to judicial authorities, the specified sanction is typically a pecuniary fine. Therefore, Article *’s definite ban does not apply to this offense.
Would you like more information on specific offenses that could lead to the application of Article *?
So art * theorotically under */* can’t be used to all offenses
Case Rating: *
It seems you're seeking clarification on the application of Article * under Legislative Decree */*. To recap:
- Article * cannot be applied to all offenses under Legislative Decree */*.
- It is reserved for particularly severe cases.
- Regular judicial reviews ensure the sanctions remain justified.
Would you like more details on specific offenses that could lead to the application of Article *?
If the “ Se l'ente o una sua unità organizzativa viene stabilmente utilizzato allo scopo unico o prevalente di consentire o agevolare la commissione di reati in relazione ai quali è prevista la sua responsabilità” but for article * decies the one i attached above if the conditions of comma * are met but to an offense that doesn’t mention art * as a sanction can it be applied?
Case Rating: *
To clarify your query:
Article * of Legislative Decree */*, which pertains to the definite ban on exercising activities, typically applies to particularly severe offenses. It cannot be broadly applied to all offenses, including those covered under Article *-decies, unless specifically mentioned as a sanction.
Would you like to know more about specific offenses or conditions under which Article * can be applied?
Even if the Se l'ente o una sua unità organizzativa viene stabilmente utilizzato allo scopo unico o prevalente di consentire o agevolare la commissione di reati in relazione ai quali è prevista la sua responsabilità?
Case Rating: *
Article *'s definite ban typically applies to severe offenses specified within Legislative Decree */*. Even if an entity or its unit is primarily used to facilitate crimes, the application of Article * must be explicitly mentioned for that offense. For Article *-decies, this ban is not applicable.
Would you like more information on other specific offenses that could lead to the application of Article *?
So even if the conditions of comma * which are Se l'ente o una sua unità organizzativa viene stabilmente utilizzato allo scopo unico o prevalente di consentire o agevolare la commissione di reati in relazione ai quali è prevista la sua responsabilità are met it cant be applied of art * is not mentioned under the specific offense of */*?
Case Rating: *
To clarify, even if the conditions of comma * are met, Article * (definite ban on exercising activities) cannot be applied unless it is explicitly mentioned as a sanction for the specific offense under Legislative Decree */*. This means that for offenses like those under Article *-decies, Article * would not apply unless it is specifically provided for that offense.
Would you like more information on other specific offenses that could lead to the application of Article *, or do you have another question related to your case?