Cass. pen., Sez. VI, Sent., n. 35031/2024: Embezzlement and

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article 133 of the penal code article 240-bis article 41-bis article 448 article 578-bis article 649 of the penal code assembly assessment of prior convictions asset freezing asset infidelity asset liability asset protection asset sale asset variations assignment to third parties assistance assisted witness association associative crime Attempt attempted crime attempted extortion attempted money laundering attempted murder attendance register Attorney General attribution authentication author identification authority of the Prefect autonomy Awareness backdating balancing circumstances ballot set-aside banking law bankruptcy bankruptcy crimes bankruptcy fraud bankruptcy law bankruptcy offenses bankruptcy trustee base and trivial reasons base motives begging benefit betting beyond a reasonable doubt bid rigging bifacial mechanism bilateral treaty board of auditors body of the crime breach of contract breach of custody breach of seals breathalyzer building abuse building bonuses building crimes building invasion building law building offenses building regulations burden of allegation burden of defense burden of pleading burden of proof burglary C.A. call of correo Camorra clan capacity capacity to testify capacity to think and will car dismantling carrying in a public place Cartabia reform case law Cassation Cassation ruling causal link cause of non-punishability causes of non-punishability CE marking certificates certified email challenge chamber procedure chamber proceedings change of circumstances change of use charge child abduction child pornography child protection children's rights Choice of domicile circumstantial evidence circumvention citizenship citizenship income civil interests civil judgment civil law civil liability civil mediation civil obligations civil party civil party constitution civil rights civil trial clandestine transport closing times co-defendant co-defendants code of criminal procedure coercive abuse coercive measures cohabitant more uxorio 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professional delegation of functions demolition demolition of illegal works demolition order dental technician dentistry detention detention of suspects detention regime devastation devolutive principle differentiated regime digital authentication digital signature dignity of the minor diminished capacity direct citation direct citation offenses direct examination direct judgment direct summons to trial director's responsibility directors directors' liability diritto penale disability defense disciplinary law disciplinary proceedings disciplinary sanctions discipline discrimination dismissal dismissal for just cause dismissal order disproportionate confiscation DNA analysis doctor documentation domestic abuse domestic justice domestic relations abuse domestic violence domicile domicile election double jeopardy doubling of penalties driving under the influence driving without a license Dropbox drug addiction drug detention drug importation drug offenses drug possession drug trafficking drugs due process duration early release ECHR economic conditions economic crimes economic damage Ecuador education educational responsibility educators elderly elections electoral crimes electoral exchange electric scooter electricity Electricity theft electronic bracelet electronic criminal trial electronic filing embezzlement emergency emergency exit emergency regulation emotional states employee liability employer liability enabling title encrochat endangerment crime Enel Enel verifier energy theft enforceable judgment enforceable title enforcement enforcement incident Enforcement Judge enhanced reasoning entities entrepreneur expenses entrepreneurial liability environmental law environmental liability environmental pollution environmental responsibility equality Equitalia equivalent confiscation EU Regulation 2018/1805 European arrest warrant European Court of Human Rights European investigation order European jurisprudence European legislation European Parliament European Public 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Failure to Declare failure to deliver failure to notify failure to pay failure to report fair trial false accounting false corporate communications false declaration false declarations false document false invoices false power of attorney false social communications false statements false testimony family family law family rights fascist party fatal accident fault favor rei fictitious titleholder fictitiously held assets fictitiously owned assets filing financial administration financial intermediation financing fine penalty firearm offenses firearms possession flight risk food contamination food law food products foodstuffs foreclosure foreign convicts foreign defendant foreign judgments foreign language defendants foreign property foreign-language defendant foreigners foreseeability foreseeability test forfeitable profit forfeiture forgery formal error fraud fraud offense frauds fraudulent agreement fraudulent bankruptcy fraudulent declaration fraudulent operations fraudulent 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injuries insignificance of the act insolvency insolvency crimes insolvency law installment plan installment plan for monetary penalty instant execution contracts instantaneous offense insurance intangible assets intent intentional homicide interceptions intercompany transactions interest of the accused interest of the investigated interest rate international cooperation international justice international law international protection internet interpreter interrogation interruptive acts interviews with inmates intimidating force intimidation inventory book investigations investigative acts investigative agencies investigative powers investigative secrecy investments invoices involuntary manslaughter IPAB Italian case law Italian Constitution Italian jurisprudence Italian law Jealousy joint participation judge judges judge_jurisdiction judgment judgment 1187 Judgment 13525 judgment 14024 judgment 14035 judgment 14980/2022 judgment 15403 judgment 15895 judgment 17225 judgment 19376 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monetary penalty monetary sanctions money laundering money transfer more favorable law mortgage mothers motivation motivazione motor vehicle multi-party proceedings multilingual defendant murder murder contract narcotic substances narcotics NATO military ne bis in idem negligence negligent homicide new evidence new reasons no grounds for proceeding no grounds for prosecution non punishability non-appealability non-custodial defendant non-existent invoices non-expiration non-extradition non-mention non-performance non-punishability non-retroactivity nonexistent invoices notarial liability notary notary liability notice notice to defenders notification notifications nullity nullity of judgment nullity of trial nullity_notification nursing home objects suitable for offense obligation to communicate obligation to provide reasons obligation to report obstruction of justice obstructive crimes obstructive offenses offense offense of refusal of official acts offenses subject to complaint office prosecution official secret official secrets old age olive oil omission omissive crimes omitted examination omitted payment omitted VAT payment ongoing crimes online fraud online grooming Opposition opposition to criminal decree opposition to dismissal oral warning order order 13408 Order 28583 order 307 Order No. 16144 ordinance ordinary proceeding ordinary trial organized crime organizer Orlando reform overdose overruling paid mediation pandemic paper judgment Paper proceedings paper trial para-familiarity parallel proceedings parliamentarian parole probation partial annulment partial mental defect partial waiver participation of individuals participatory right particular slightness of the act partner liability passive extradition passive rogatory passport payments PEC address pecuniary damage pedophilia penal code penal decree of conviction penalties penalty penalty assessment penalty determination penalty limit penalty restructuring penitentiary benefits penitentiary institutions pepper spray periculum in mora perpetuatio iurisdictionis personal data personal facilitation personal freedom personal identity personal income tax personal injuries personal liberty personal precautionary measures personal security petition phone records photographic identification physical coercion plaintiff's expenses plea bargain plea bargaining plenary procedure plurality of expert opinions plurality of offenses police checks police chief's order political crimes political massacre crime political parties Popular Bank port law possession possession of false document possession of narcotic substances Poste Italiane postponement of hearing pre-trial detention pre-trial statements precautionary appeal precautionary appeals precautionary custody precautionary measure precautionary measures precautionary needs preclusive effect predicate offense predictability of conviction preliminary hearing preliminary investigations preliminary ruling premeditation prescription president of the court Presidential Decree 309/1990 Presidential Decree No. 309/1990 presiding judge presumption of innocence pretrial detention prevention prevention proceedings preventive agreement preventive confiscation preventive custody preventive measures preventive ruling preventive seizure principle of correlation principle of immutability principle of proportionality principle of specialty principle tempus regit actum prison benefits prison security prison system prisoners' rights privacy privacy protection private law private violence probation procedibility procedibility of crimes procedural economy procedural fairness procedural law procedural loyalty procedural protection procedural terms proceedings upon complaint proceeds of crime professional liability professional secrecy progressive judgment prohibition of approach prohibition of expatriation property crimes property damage property law property protection property right property rights property violence proportionality proporzionalità prosecutability prosecution by complaint protection of creditors protection of heritage protection of minors protection of rights protection of third parties provisional provisional enforceability provisional judgment provisional suspension provocation psychiatric evaluation psychopathology public acts public administration public companies public contributions public deed public defender public defense public employees public establishments public faith public fraud public grants public health public hearing procedure public interest public land public liability public officer public official public officials public prosecution public prosecutor public resources public safety public service public subsidies public will public works punishability putative racism radiological exposure readmission real estate execution real estate law real precautionary measures reasonable duration of the trial reasoning reasoning by reference receiving stolen goods recidivism reconstitution of acts recovery recovery programs recusal recusation reduction of sentence reduction to servitude referral referral civil judge referral judge referral judgment referral to trial reform reformatio in peius refusal of assessment refusal of official acts regime 41-bis registration of a crime report registration tax regulations regulatory uncertainty rehabilitation rehabilitation path reintegration reiteration related crimes related offenses reliability reliability of testimonies remediation remorse renewal renewal of evidence renewal of proceedings reorganization reparation repeal reporting reporting obligation Republic of Ukraine res judicata res judicata effect res judicata rescission rescinding of the judgment rescisione del giudicato rescission rescission of the judgment residence residence permit residential construction resistance evidence resistance to public officials responsibility responsibility of judges restitution restitution of goods restitution within the term restorative justice retraction retroactivity return within the deadline return within the term revelation of secrets revenge porn Revenue Agency review review court revocation revocation of counsel revocation of order revocation of penalty revocation of sentence suspension Right of access right of asylum right of complaint right of defense right to be heard right to compensation right to defense right to privacy right to remain silent right to remedy right to report right to restitution right to sue rights rights of defense rights of minors rights of prisoners rights of the accused right_to_defense risk risk allowance risk of reoffending road law road safety robbery ruling ruling 1188 ruling 1269/2024 ruling 13202 ruling 13326 ruling 13366 ruling 14077 ruling 14222 ruling 14654 ruling 15069 ruling 15389/2024 ruling 15625 ruling 15637 ruling 15664 ruling 15865 ruling 15939 ruling 15955 ruling 16045 ruling 16111 ruling 16351/2024 ruling 16352 ruling 16434 ruling 16474 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rulings ruling_30133 safety safety measures sale at a low price sanctions scam scientific protocols security security measures seized assets seizure seizure of assets self-declaration self-defamation self-defense self-harm self-laundering self-money laundering semi-liberty sentence sentence 13213 sentence 13539 sentence 14047 sentence 14655 sentence 15098 sentence 15429 sentence 25287 sentence 26348 sentence 26628 sentence 26803 sentence 27050 sentence 27090 sentence 27147 sentence 27412 sentence 27466 sentence 27637 sentence 2776 sentence 29332 sentence 3059 sentence 30666 sentence 36945 sentence 37107 sentence 3892 sentence 44707 sentence 45576 sentence 45587 sentence 45792 sentence 45816 sentence 48448 sentence 49499 sentence 49757 sentence 49798 sentence 50426 sentence 50847 sentence 740 2025 sentence no. 13379 sentence no. 15704 sentence no. 2062 sentence no. 2362 sentence no. 23967 sentence no. 38802 sentence reduction sentence reductions sentence review sentencing deferment sentencing frameworks separation serious fault serious illness served sentences service of documents sexual activities sexual offenses sexual violence share capital shareholder reimbursements signature authentication silence simple bankruptcy Sky ECC slight mitigating circumstance SMEs smoke bomb social danger social dangerousness social media social network social reintegration social service solvency spannometric method special power of attorney special surveillance specific intent specific mandate specificity sponsorship sports disturbances Sports Violence stalking stamp duties standing standing to appeal start date state of necessity state of need statements statute of limitations statute of limitations for crimes structural abnormality students' rights sub-delegation subjective element subjective elements subjective inexistence subsequent provision substitute penalties substitute penalty substitute sanctions subversive association succession of criminal laws succession of laws summary judgment summary proceeding summons decree summons to court summons to trial Superbonus 110% supervising magistrate supervisory obstacle support administrator support decree Supreme Court Supreme Court 2023 Supreme Court 2024 Supreme Court ruling Supreme_Court surveillance Surveillance Court surveillance magistrate surveillance proceedings suspects alloglotta suspension of deadlines suspension of enforcement order suspension of proceedings suspicious transactions T.U.L.P.S. tacit withdrawal of complaint Taranto ruling tax assessment tax assessments tax benefits tax compensation tax consultants tax credit tax crime tax crimes tax debt tax documentation Tax Evasion tax fraud tax law tax legislation Tax Liability tax obligations tax offenses tax regime tax regulations tax settlement tax trial tax violations taxation taxes teachers technical consultancy technical consultants technical manager telematic connection telematics telephone data telephone tapping tempus regit actum territorial incompetence territorial jurisdiction terrorism testimonial evidence testimonies testimony TEU theft theft of electricity therapeutic custody third party third-party accusatory statements third-party rights three-year ban threshold threshold of punishability timeliness timely communication torture totalitarian ideologies traceability traffic of influences trafficking trafficking in persons translation translation of documents translation of judgments transnationality transport of weapons trespass trial trial in absentia Tribunal of Naples triviality of the act trust trusted defense attorney trusted doctor two-phase method unaccounted accounting unauthorized access undue compensation undue inducement undue influence undue perception unification of sentences Unique Identification Code United Sections unjust detention unjustified carrying unjustified compensation unlawful acts unlawful conduct unlawful data processing unlawful detention unlawful intermediation unlawfully received urban planning urgent removal use of minors use of service vehicles usury Validation validation of arrest validity of evidence VAT VAT credit vehicular homicide victim protection video chat videoconference videotaping violated rights violation of law violation of removal order violation of rights violence violent crimes virtual presence visual interviews visual meetings vulnerability waiver waiver of appeal waiver of appeal grounds waiver of defense mandate waiver of mandate warning waste waste combustion waste management weapon confiscation weapons WhatsApp white list wiretapping wiretaps withdrawal of complaint withholding agents withholdings witness evidence witness examination witness intimidation witnesses worker training workplace accidents workplace injuries workplace safety wrongful detention