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What happens if the appeal is not applied according to the rules laid down by the legislation? It is important to comply with the rules established by law and the time taken to file an appeal.
Then it is essential to include in the application the rules prescribed by the penal code in order to exercise their rights well in a possible criminal procedure.
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Does the appeal concern all defendants? Pursuant to art. 123 of the penal code, the appeal concerns all the subjects accused of illicit.
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This means that if the appeal is advanced only against one of the most accused persons of tort, it affects everyone, even if identified at a later time, and the judge will move against all the accused. When do you cancel the right to appeal?
The appeal is annulled for: a) an early refusal to appeal; b) expiry due to expiry of the term. In fact, the appeal must be presented within 3 months and 6 months for illicit details (sexual abuse, stalking phenomena and so on); c) death of the injured party, who may act both before and after the appeal. In the event that the offended subject ceases to live before having lodged an appeal, the latter is annulled, and can no longer be prosecuted against the accused.
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If, on the contrary, the offended subject ceases to live after having lodged the appeal, the offense is not annulled, and therefore the defendant will proceed anyway, without prejudice to the subsequent renunciation of the family members; d) waiver of the appeal, or remission to the right of appeal made after its exercise.
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Can an appeal already submitted be retransmitted? The waiver of the appeal can be made: a) by the complainant; b) by hereditary subjects, in case of death of the offended subject.
The waiver can be both procedural, if presented in this context, or extraprocessual, if presented externally to the process.
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Consider that to be effective, the waiver of the appeal must be accepted by the accused. The renunciation cancels the wrongdoing. What is the difference between the appeal and the complaint? The complaint at legislative level is presented to communicate and expose a case in which the conditions are present of an offense punishable ex officio.
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The complaint and the appeal are distinguished as: a) the complaint, contrary to the appeal, can also be forwarded by a person other than the offended subject; b) the complaint, with respect to the appeal, does not provide explicitly or implicitly the intention to obtain the conviction of the accused, because it has a merely communicative nature of a case in which the conditions of an offense punishable by the law are present; c) recourse to the legislative level is used to criminalize against only certain offenses (such as injuries, beatings, outrage, slander, stalking phenomena and so on) and, in a simpler way, to move to a criminal level against a subject guilty of particular offenses, such as those mentioned above, for which it is useful to request a conviction through an appeal, since the same offenses are not punishable ex officio; d) the appeal, in short, can be presented over a limited period of time that is 3 months or 6 months (only for illicit details).
In reality, we want to give criminal relief and punish excessively all those harassing and insistent conduct that weaken the person in a situation of subjugation on a psychological level, often delimiting the daily actions of the "victim".
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The insistent and daily expedition of letters, telephone and e-mail messages, as well as chases, ambushes and any violent actions whose purpose is intimidation, are part of the same behavior.
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They represent aggravating causes of the crime, with subsequent increase in the sentence, having manifested such behavior towards the partner or subjects linked at the sentimental level to the torturer. In these circumstances the sentence provides for the increase of one third.
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While if the criminal behavior manifests itself against minors, pregnant women or people with disabilities, and if the same behavior occurs with the use of weapons or through the disguise, the sentence can reach up to half. In order for the stalking phenomenon to be punished, it is useful for the offended subject to denounce-lawsuit against the accused within 6 months of the incident.