Complaint, exposed lawsuit
Where
The complaint is the act whereby anyone with news of a crime punishable office shall inform the prosecutor or a judicial police officer.
The complaint is a matter of choice, but it becomes mandatory in some cases specified by law:
• if you become aware of a crime against the state (terrorist attacks, terrorism, espionage, political and military massacres)
• if you feel you have received counterfeit money in good faith if
• you receive money or purchase items suspected of dubious origin
• if it is known deposits of explosive materials or be a feature of any explosive
• if you suffer a lost or stolen weapon, or part of an explosive in
• If sports representatives have been informed of cheating in sports competitions.
When the complaint is optional there is no deadline for its submission, while in cases of notifiable special provisions specify the period within which it must be done.
The complaint may be made orally or in writing.
The complaint must contain a statement of the facts and be signed by the complainant or his lawyer.
The person submitting a complaint is entitled to obtain confirmation of receipt.
The lawsuit is the declaration by the person who has suffered a crime (or his legal representative) expressed the desire that we proceed to punish the guilty.
E 'provided for in Articles. 336 and 340 of the Criminal Procedure Code and offenses not prosecuted ex officio.
There are no special rules for content of the lawsuit, but it is necessary that, besides being described in the criminal act, the plaintiff will be clear that action is taken regarding the fact and they punish the guilty.
The complaint must be lodged:
• within 3 months from the day when there is news that constitutes the crime
• within 6 months for crimes against sexual freedom (sexual assault or sexual acts with a minor).
E 'possible to withdraw the lawsuit brought earlier except in the case of rape or sexual acts with minors.
The withdrawal of the lawsuit is called remission.
order for the lawsuit is filed, it is necessary that the waiver is accepted by the defendant that if innocent, could instead have an interest in demonstrating the process through its full strangeness of the crime.
The complaint is the act which requires the intervention of the Public Safety submitted in case of disputes between individuals from one or both parties involved.
Following the request the intervention of Public Safety official in the office to invite the parties groped to reconcile and prepare a report. If the facts constitute a crime, the officer PS:
• must inform the judicial authority, if the offense is prosecuted ex officio
• if it is murder to criminal prosecution may, upon request, bring a quote composition of the dispute, without prejudice to the subsequent exercise of the lawsuit.
In essence, the complaint is reporting that the national judicial authority is to bring to your attention the facts of which have news for you to assess the case prosecute.
To file a complaint, a lawsuit or a complaint you must bear in law enforcement offices (police stations, public safety commissions, Carabinieri).
el'esposto The complaint may also be presented by the prosecution.
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