Italian Law 2312001 Clarification

Summary

Article 63 of Italian Law 231/2001 allows for the application of sanctions on request if certain conditions are met. If a judge rejects such a request, it does not necessarily imply that a definitive interdictive sanction is warranted. The rejection could be due to various unspecified factors. The law provides general guidelines, but specific reasons for rejection are not detailed in the article. Consulting a legal expert familiar with Italian law is advisable for a comprehensive understanding of the case specifics.

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Art. * Application of the sanction on request *. The application of the sanction to the body on request is allowed if the judgment against the defendant is defined or definable pursuant to Article * of the Code of Criminal Procedure as well as in all cases in which only the pecuniary sanction is provided for the administrative offense. The provisions of Title II of the sixth book of the Code of Criminal Procedure shall be observed, in so far as they apply. *. In cases where the sanction is applicable on request, the reduction referred to in Article *, paragraph *, of the Code of Criminal Procedure is made on the duration of the impecuniary sanction and on the amount of the financial penalty. *. The judge, if he considers that a definitive interdiction sanction should be applied, rejects the request. This is italian law */* ok i will ask question
Sure! What specific question do you have about Art. * of the Italian Law */*?
If a company was investigated by an offense like art * decies that only provides pecuinary penalty. If a gup rejects ex art * application of penalty on request. Does it necessarily mean he believes a definite interdictive ex comma * should apply?
In the context of Italian Law */*, if a judge (GUP) rejects the application of a penalty on request under Art. *, it does not automatically mean that they believe a definitive interdictive sanction should apply. The rejection could be due to other considerations. However, according to comma *, if a definitive interdictive sanction is deemed necessary by the judge, they will reject the request. It's important to consult a legal expert for a detailed analysis based on the specifics of the case.
Why the other reasons are not specified by article *?
Case Rating: *
In Italian Law */*, Article * doesn't explicitly list all possible reasons for rejecting a penalty application request. The law provides general guidelines, but judges may consider various factors based on the case's specifics. Consulting a legal professional familiar with Italian law is beneficial for a detailed understanding.