Introduction
Art 408 comma 2 CPP 126 D LV 271 89 refers to a specific provision within the Italian Code of Criminal Procedure that outlines the procedure for the transmission of case files from the public prosecutor to the investigating judge in cases where the victim opposes the decision of the prosecutor. This article delves into the intricacies of this legal provision and its implications in the context of criminal proceedings.
Art 408 Codice di Procedura Penale
The Italian Code of Criminal Procedure, also known as Codice di Procedura Penale, governs the procedural aspects of criminal investigations and trials in Italy. Art 408 is a crucial provision that addresses the transfer of case files to the investigating judge in certain circumstances. Comma 2 of this article specifically deals with the situation where the public prosecutor is required to transmit the case files to the judge for preliminary investigations following the opposition of the victim.
Richiesta di Archiviazione 408
In the context of criminal proceedings, the term "richiesta di archiviazione" refers to a request for the closure of a case due to lack of evidence or other reasons. Article 408 outlines the procedure for handling such requests, including the transmission of case files to the investigating judge when the victim opposes the prosecutor's decision to close the case.
Decretto 28 Luglio 1989 271
The Decree of 28 July 1989, also known as Decreto 28 Luglio 1989 271, is a legislative act that has implications for criminal proceedings in Italy. This decree may contain provisions related to the procedural aspects of investigations, including the handling of case files and the role of the investigating judge in reviewing the prosecutor's decisions.
Decreti Legislativi 28 Luglio 1989 and 271
Decreti Legislativi 28 Luglio 1989 refers to legislative decrees issued on 28 July 1989 that may have relevance to the Italian legal system, including the Code of Criminal Procedure. Decree 271 could contain provisions that impact the procedures for transferring case files from the public prosecutor to the investigating judge in specific circumstances, as outlined in Art 408 CPP.
Codici di Procedura Penale 1989
The Codici di Procedura Penale 1989 encompasses the various legal provisions related to criminal procedure in Italy, including the Code of Criminal Procedure and any related legislative decrees issued in 1989. These codes may contain specific rules and procedures governing the conduct of investigations, the role of prosecutors and judges, and the rights of victims and defendants in criminal cases.
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