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Act of presentation of new pleas in appeal by the defender

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FORMULARY FORMULARY

toga The figure of the Justice of the Peace has been introduced into our law by Law November 21, 1991 , n . 374 , and currently having a workforce of 4,700 units distributed in 849 locations throughout the country . The Justice of the Peace is an honorary magistrate to which they are temporarily assigned to judicial office.

It is not recruited as a result of competition for professional judicial hearing officer banned by the Ministry of Justice, but it is selected , upon request, between law graduates who have obtained the qualification to practice law or who have exercised judicial functions , to age not less than thirty years and not more than seventy, that they have ceased the exercise of any work , and if lawyers, who do not engage in the practice of law in the district of the Court where the headquarters office of the Justice of the Peace which they belong. With the L. November 24, 1999 , n . 468, were modified some aspects of L. 374/91 , and was delegated the Government to enact a legislative decree containing the jurisdiction in criminal matters of the Justice of the Peace , as well as the relevant proceedings and the penalty system of offenses donated to it : such delegation resulted in Legislative Decree no. Aug. 28 2000, no. 274 , entitled " Provisions on criminal jurisdiction of the Justice of the Peace " , which entered into force on 2 January 2002. The figure of the Justice of the Peace has been given a broad spectrum of crimes cd "minor or bagatellari " of considerable spread , among which the injury , beatings , defamation , damage ( in their forms not aggravated ) , unintentional injuries and intentional with a prognosis of no more than twenty days. Justices of the Peace shall be assigned a function of pre-trial mediator between the parties, that it will not have good will lead to the end of the hearing. In the event of conviction, the particularity of the sentence imposed by Justice of the Peace is that they do not consist of imprisonment , but in fines or , in more serious cases , there is the pain of staying at home, or, if the defendant pay the consent , the death sentence of community service . Another peculiarity of the proceedings before the Justice of the Peace is that the penalties imposed are not eligible for probation pursuant to art. 163 Č.p. Last but not least, following the issue of DL 14 September 2004, n . 241 , converted with amendments into Law November 12, 2004 , n . 271 which added to the Legislative Decree no. 25 July 1998 , n . 286 ( SO-CALLED Bossi-Fini Law ) art . 5 - bis, was given to the Justice of the Peace jurisdiction in matters of immigration , for validation of the measures of the prefect on expulsion from the territory of the State, for the accompanying measures of detention at the border or in a temporary accommodation center issued by the superintendent .

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What is the act of presenting new grounds for appeal to the grasping allows to propose new complaints in addition to those already proposed in the appeal

Actors: accused, other private parties and counsel with special power of attorney pursuant to art. 122 Code of Criminal Procedure

Related terms : ex art . 585, c . 4 , Code of Criminal Procedure , the new grounds of appeal may be lodged up to 15 days before the hearing of appeal

Ideas and insights : art. 585, c . 4 , cpp , the inadmissibility of the appeal also extends to new grounds . Pursuant to art. 585, c . 5, Code of Criminal Procedure , the terms provided by the same Article shall be adopted subject to forfeiture

Who has jurisdiction in the act : the act containing the new grounds of appeal must be lodged at the competent court for the appeal in the number of copies required for all parties. The private parties and defenders may also submit an appeal with new reasons even at the Registry of the Magistrates' Court of the place where they are , where that place is different from that in which it was issued the warrant , or in front of an agent consular abroad ( art. 582, c . 2 , cpp ).

 

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Source: Il Sole 24 Ore   Click to listen highlighted text! The figure of the Justice of the Peace has been introduced into our law by Law November 21, 1991 , n . 374 , and currently having a workforce of 4,700 units distributed in 849 locations throughout the country . The Justice of the Peace is an honorary magistrate to which they are temporarily assigned to judicial office. It is not recruited as a result of competition for professional judicial hearing officer banned by the Ministry of Justice, but it is selected , upon request, between law graduates who have obtained the qualification to practice law or who have exercised judicial functions , to age not less than thirty years and not more than seventy, that they have ceased the exercise of any work , and if lawyers, who do not engage in the practice of law in the district of the Court where the headquarters office of the Justice of the Peace which they belong. With the L. November 24, 1999 , n . 468, were modified some aspects of L. 374/91 , and was delegated the Government to enact a legislative decree containing the jurisdiction in criminal matters of the Justice of the Peace , as well as the relevant proceedings and the penalty system of offenses donated to it : such delegation resulted in Legislative Decree no. Aug. 28 2000, no. 274 , entitled Provisions on criminal jurisdiction of the Justice of the Peace , which entered into force on 2 January 2002. The figure of the Justice of the Peace has been given a broad spectrum of crimes cd minor or bagatellari of considerable spread , among which the injury , beatings , defamation , damage ( in their forms not aggravated ) , unintentional injuries and intentional with a prognosis of no more than twenty days. Justices of the Peace shall be assigned a function of pre-trial mediator between the parties, that it will not have good will lead to the end of the hearing. In the event of conviction, the particularity of the sentence imposed by Justice of the Peace is that they do not consist of imprisonment , but in fines or , in more serious cases , there is the pain of staying at home, or, if the defendant pay the consent , the death sentence of community service . Another peculiarity of the proceedings before the Justice of the Peace is that the penalties imposed are not eligible for probation pursuant to art. 163 Č.p. Last but not least, following the issue of DL 14 September 2004, n . 241 , converted with amendments into Law November 12, 2004 , n . 271 which added to the Legislative Decree no. 25 July 1998 , n . 286 ( SO-CALLED Bossi-Fini Law ) art . 5 - bis, was given to the Justice of the Peace jurisdiction in matters of immigration , for validation of the measures of the prefect on expulsion from the territory of the State, for the accompanying measures of detention at the border or in a temporary accommodation center issued by the superintendent .  *** What is the act of presenting new grounds for appeal to the grasping allows to propose new complaints in addition to those already proposed in the appeal Actors: accused, other private parties and counsel with special power of attorney pursuant to art. 122 Code of Criminal Procedure Related terms : ex art . 585, c . 4 , Code of Criminal Procedure , the new grounds of appeal may be lodged up to 15 days before the hearing of appeal Ideas and insights : art. 585, c . 4 , cpp , the inadmissibility of the appeal also extends to new grounds . Pursuant to art. 585, c . 5, Code of Criminal Procedure , the terms provided by the same Article shall be adopted subject to forfeiture Who has jurisdiction in the act : the act containing the new grounds of appeal must be lodged at the competent court for the appeal in the number of copies required for all parties. The private parties and defenders may also submit an appeal with new reasons even at the Registry of the Magistrates Court of the place where they are , where that place is different from that in which it was issued the warrant , or in front of an agent consular abroad ( art. 582, c . 2 , cpp ).   Attachment   Source: Il Sole 24 Ore

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