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What is the duration of the process of prescribing an offense?
The prescription of the offense involves the cancellation of the same on the basis of the temporal criterion, ie when a given period is exceeded.
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The prescription can never be applied to the unlawful convictions with life imprisonment (and even before with the death penalty). Article. 157 c.p. defines the prescription times for an offense taking into account the punishment imposed.
The statute of limitations eliminates the unlawful elapsed period equivalent to the maximum limit of the punishment imposed by the law and in any case a period not shorter than six years in cases of murder and four years in cases of transgression, although sanctioned only with fine.
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In order to define the period required to enforce the statute of limitations, reference is made to the punishment established by the law for wrongdoing or unreasonable, without considering the reduction for the attenuation and elongation elements for the tightening elements, except for exacerbations for which the law fixes a punishment of a different type from the regular one and for those of a specific type, for which the maximum penalty length established for the tightening element is taken into consideration.
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The Cost. Court with sent. 31.5.1990, n. 275 decreed non-compliance with the constitution of art. 157 c.p., in the passage in which it does not presume that the suspect can refuse the prescription of the offense.
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The prescription can be suspended (in this case the time limit begins when the suspension phase begins) or the arrest (in this case the time limit begins ex novo from the arrest phase).
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Even in cases of suspension or arrest, any time limits are presumed beyond which the statute of limitations comes into force. (Article 161 of the Civil Code).
For which offenses is the criminal justice judge competent?
Law 468/99 and the related Legislative Decree of application 274/00 have established the functions of the Criminal Justice of the Criminal Court, conferring to the same the practical suitability for some specific offenses in particular with regard to cases of micro contests between private subjects.
These offenses are (Article 5 of Legislative Decree 274/00):
Strokes (article 581 c.p.)
Personal injury (Article 582 c.p.)
Offenses to the person of a negligent nature (Article 590 of the Civil Code)
Lack of intervention (Article 593 of the Civil Code)
Outrage (Article 594 c.p.)
Slander (Article 595 of the Civil Code)
Intimidation (Article 612 of the Civil Code)
Robberies subject to prosecution of the injured party (Article 626 of the Civil Code)
Theft of common goods (Article 627 of the Italian Civil Code)
Undue appropriation (Article 631 of the Civil Code)
Deviation of water courses and change in the status of the territories (Article 632 of the Italian Civil Code)
Occupation of lands or buildings (Article 633 para.p.)
Deterioration (Article 635 of the Italian Civil Code)
Entry or release of animals in the land of third parties and irregular pasture (Article 636 c.p.)
Irregular entry into the land of others (Article 581 para.p.)
Suppression or damage to animals of others (Article 638 para.p.)
Alteration and ruin of property of others (Article 639 para.p.)
Acquisition of lost property, assets or property due to accident or random factors (Article 647 of the Italian Civil Code)
Distribution of alcohol to minors or mental patients (Article 689 of the Civil Code)
Induction of others to the state of intoxication (Article 690 para.p.)
Distribution of alcohol to subjects under conditions of evident intoxication (Article 691 of the Civil Code)
Actions that contravene the public decorum. Obscene language (Article 726 c.p.)
Violation of the burden of minor elementary education (Article 731 of the Civil Code)
Furthermore, it is valid for other illicit cases established by specific laws.