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The same is very useful even when there are conflicting issues between parents and offspring, between siblings and even between family members in disputes over patrimonial matters. Mainly it is necessary to highlight that intermediation is fundamental for different types of couples:
- spouses in crisis, community decision to separate, decision to separate by the will of a single partner;- de facto divided pairs, conflict resulting from the fostering of offspring and / or economic reasons, couples divided according to the law, problems in maintaining separation constraints;
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During the phase of intermediation in the family environment we work to: understand the past, act on the present, envision a better future, the subjects who resort to family intermediation, often, are characterized by different moods, such as: feeling bankruptcy, manifested in violent actions; feelings of guilt, of emptiness, detachment, anguish and embarrassment of being judged, feeling of frustration, chaos and confusion, weakness and dissatisfaction, ultimately the purposes of the intermediation in the family are: avoiding the appeal for judicial separation, ensuring a condition programmed and preserved to obtain the intended arrangements.
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Program the parenting action and ensure the offspring have a relationship stability with both parents, maintain a constant relationship with the original family, ensure a prototype of parenting that moves beyond the marital relationships. Family intermediation is characterized as a new model for spouses in crisis who, through the same, can be supported during the complex and critical period of separation.
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The benefits that the family mediation offers fall within the personal, relational and public sphere. For the personal sphere: to redefine one s individual identity, more consideration of oneself and of the other. For the relational sphere: identification of one s actual needs, of the other and of the offspring, planning of the separation constraints by the same spouses, without the action of the judge.
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For the public sphere: participatory agreements and therefore maintained over time, unconditional discretion, large reduction in expenses and time compared to the judge.
The appeal, as a condition of proceeding, concerns a cause that unusually influences the obligation to act or not to retract its continuation. Illicit prosecution can be categorically enucleated by legislation.
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The punishment of the right to appeal of certain offenses derives or by their nature, for which the judge does not take action for reasons that represent a reduced social character, or because it involves serious offenses for the subject who, at the same time, once published, may subsequent damage compared to that already suffered by the subject outraged.
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Normally the ownership and the action of the right of appeal correspond within the same person (outraged by the unlawful).
The only exceptions are the cases in which the offenders are abused by: a) children under 14 years of age and banned because of mental illness, for which the right of appeal is carried out by the parent or by the tutor or by a special manager at the time in which there is no representative of them, that is, who exercises them in a conflict of interests with the same subject. b) the responsible legal entities, in whose name the right of appeal reaches the person who possesses their representation.
What are the terms to appeal? The appeal must be filed within 3 months from the day on which the subject outraged by the offense has received the notice of the fact that it represents an offense. Nevertheless, when there are particular offenses (such as sexual abuse, stalking phenomena and so on), the time for lodging the appeal is 6 months.
What should be the content of the appeal? The appeal, like any news of crime, must include the explanation of the crime, the specification of the author / s of the unlawful and probable testimony as well as the communication of intention for the judge to move towards the accused. Apart from this, writing an appeal is not as simple as it might seem initially.
In fact, although the legislation assumes that the same outraged subject can provide for the appeal, in fact the technicality of the criminal procedure provides the aid, for its drafting, a lawyer, not only for a detailed exposure of the crime through a correct legal language , but also to avoid the risk of making mistakes in the form and content (which would invalidate its value) related to the news to ask the judge about the probable conclusion or postponement of the investigations. To whom should the appeal be presented? The appeal can be made to the public prosecutor or to a bailiff.