Commentary on Judgment No. 1188 of 2024: Substitute Penalties and the Burden of the Defense

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2012 reform 2018 41-bis 41-bis regime A.A. abandonment abbreviated trial abnormal act abnormal acts abnormality abolitio criminis absence absence of defendant absent defendant abstention abuse abuse of office abuse of permits abuse of power abuse of process abusive occupation abusive practice abusive use of credit card access to documents access to justice access to places accessory penalties accidents accountability accountant accounting accounting books accounting documentation accounting documents accounting records acquittal act of property disposition active repentance actual knowledge additional reasons administrative law administrative liability administrative offense administrative proceedings administrative sanctions administrator administrator liability administrators admissibility Admissibility of appeal adversarial proceedings adversarial process adversarial system adverse possession affective law age limit aggravated fraud aggravated homicide aggravating circumstances aggravating factor aggravating factors aggravating factors robbery aiding and abetting aiding illegal immigration alienation Alternative Fraud alternative measures alternative penalties alternative procedure alternative sentences amendment ancillary penalties annulment annulment of res judicata annulment with referral annulment without referral anonymous documents anti-mafia law anti-money laundering legislation antisemitism apology of fascism apparent self-defense appeal appeal agreement appeal judgment appeal mandate appeal reform appeal to the Court of Cassation Appeal to the Supreme Court appealability appeals appearance deadlines appellate judge appointed defender appointment of defense counsel appropriateness appurtenance appurtenances arbitrary exercise archaeological assets archiving armed conflict arrest art. 41-bis art. 416-bis art. 420-quater art. 452-bis art. 58-quater art. 581 code of criminal procedure Art. 603 Code of Criminal Procedure art. 610 art. 618 article 127 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 cohabitation cohabitation more uxorio collaborators of justice collectible credit collective entities collector colluding entrepreneurs collusion colonoscopy commercial fraud commercial law communication communication with counsel communicative facts community service companies company dissolution comparison compensation compensation for damages compensation obligation compensation obligations competence competition complaint compliance visa complicity complicity in crime complicity in the crime composition compulsory attribution computer data computer devices computer malfunction computer systems concealment concurrence of crimes concurrence of offenses concurrent sentences conditional fraud conditional intent conditional suspension conditional suspension of sentence condominium confidentiality confirmatory measures confiscable profit confiscated assets confiscation connection connection of crimes consensual homicide consent conspiracy Constitutional Court constitutional justice constitutional legitimacy constitutional rights construction crimes construction law consumer protection contempt continuation continuation between crimes continuation of offenses continued crime continued offense continuing crime continuing offense continuing offenses continuity in executivis continuous offenses contract fraud contracts Contradictory control conventional law conversion of sentence conviction cooperative corporate crimes corporate income tax corporate law corporate liability corporate offenses corpus delicti correction of errors correlation correspondence corruption corruption of minors Cosa Nostra Council of Europe Council of State ruling counterfeit trademark counterfeiting couriers court Court of Appeal Court of Appeal of Ancona Court of Appeal of Bari Court of Appeal of Brescia Court of Appeal of Milan Court of Appeal of Salerno Court of Appeal of Trento Court of Appeal ruling Court of Appeals Court of Assizes Court of Cassation court of freedom court of Naples court of review Court of Spoleto court orders cover-up Covid-19 Covid-19 emergency Cramer Bank credibility credit compensation credit fraud credit rights creditors' rights crime crime of concealment crime victims crime-contract crimes crimes against humanity crimes against property crimes against public administration crimes against public faith crimes art. 4-bis criminal action Criminal Association criminal caution criminal code criminal confiscation criminal conspiracy criminal conviction criminal conviction decree criminal decree criminal evidence criminal execution criminal hearing criminal irrelevance criminal jurisprudence criminal justice criminal law criminal liability criminal offenses criminal procedural law criminal procedure criminal proceedings criminal record criminal review criminal ruling criminal trial criminal_law criminal_responsibility cui prodest culpability cultural assets cultural bonus cultural heritage cumulative sentences curator liability current law custodial sentence custodial terms custody custody expenses cyber fraud D.D. damage damage compensation damage repair damages compensation danger danger assessment dangerous animals dangerous crime dangerous discharge dangerous ignitions dangerousness DASPO data dati informatici daytime isolation de facto administrator de facto administrators de facto family de plano procedure Death of the defendant death penalty debt restructuring debt waiver deception decisive evidence declaration of conformity declarative evidence declaratory evidence decommissioning decree of absconding decriminalization deductibility defamation default defendant defendant rights defendant's capacity defendant's liability Defendant's Rights defendants of different language defendants' rights defender defenders defense defense attorney defense guarantees defense impediment Defense Rights defense strategy defensive investigations defensive medicine defensive rights deferment of sentence deferral of sentence delegated 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 Prosecutor European regulation European regulations evasion eventual intent evidence evidence of guilt evidential uncertainties evidentiary assessment evidentiary elements evidentiary pollution evidentiary seizure evidentiary seriousness evidenza cautelare evidenza probatoria Ex officio proceedings ex officio prosecution excluded evidence exclusion of punishability excusable mistake execution execution incident execution judge executive effectiveness executive title exemption from punishment expense reimbursement expense settlement expert assessment expert opinion exploitation exploitation of incapacity exploitation prostitution expulsion extended confiscation extended effect extended visits extensive effect external competition external_competition extinction of crime extinction of offense extinction of the crime extinguished offenses extortion extradition extrajudicial conduct extraneus extraordinary appeal facebook messages factual error failure to assist failure to communicate 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 subtraction fraudulent transfer fraudulent transfer of values freedom freedom of expression freedom of self-determination frivolous reasons fugitive fugitive status functional jurisdiction fundamental rights gambling gambling addiction gender-based violence General Fraud general intent general power of attorney generality generic mitigating factors geolocation gifts good faith GPL GPS location gross negligence guarantee interrogation guidelines habitual crime habituality habituality of crime harassment health health emergency health law health laws health of prisoners health of the inmate health safety healthcare professionals hearing adjournment hearings heirs hemp cultivation Highway Code historical mafias home access home detention home search homicide honorary judges honorary justice of the peace house arrest human dignity human rights ideological falsehood ideological falsehood. illegal carrying of weapons illegal collection illegal disposal illegal dumping illegal financing illegal immigration illegal interference illegal occupation illegal penalty illegal port illegal stay illegal subdivision illegal transfer illegality illegality of penalty illegality of the penalty illicit influence illicit origin illicit proceeds illicit profits illiteracy immediate judgment immediate_judgment immigration immigration law immunity immutability of the judge impartiality impartiality of the judge impeccable conduct impediment to appear impeditive causes impeditive crimes impersonation imprisonment impulsive fraud in-house company inadmissibility inadmissibility of evidence inadmissibility of statements inadmissible evidence incapable persons incapacity incapacity to act incitement incitement to corruption incitement to suicide incompatibility incompetence increase of penalty increase of sentence indictment indirect author individual freedom individual rights inducement to error influence peddling information transparency inhuman treatment inhuman treatments injured party 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 judgment 24351 judgment 261/22 judgment 26223 2023 Judgment 26334 judgment 28558 judgment 29192 judgment 29643 judgment 37081 judgment 44060 judgment 44255 judgment 45002 judgment 45818 2024 judgment 45859 judgment 47185 judgment 48804 judgment 48832 judgment 49255 judgment 51557 judgment 51573 judgment 51681 Judgment 7601 judgment no. 131 of 2024 judgment no. 14352 Judgment No. 14700 judgment no. 14710 judgment no. 15438 judgment no. 15642 Judgment no. 15657 judgment no. 17585 judgment no. 24616 judgment no. 25585 judgment no. 28018 judgment no. 28709 judgment no. 30092 judgment no. 36857 judgment no. 39153 judgment no. 45829 judgment no. 48761 judgment no. 49807 judgment no. 50304 judgments judicial acts judicial administration judicial administrator judicial assessment judicial competence judicial cooperation. judicial custodian judicial error judicial measures judicial reasoning jurisdiction jurisprudence just cause justice justice collaborator justice collaborators Justice of the Peace justification justified reason justifying circumstances juvenile law kidnapping knowledge of the process labor law lack of complaint lack of interest land invasion late appeal late filing law law 103/2017 law 104 permits law 110/1975 law 172/2012 law 242/2016 law 895/1967 Law No. 69 of 2005 lawyer lawyers lay judges leading questions lease of business branch leave of absence legal aid at the expense of the State legal availability legal continuity legal cooperation legal costs legal defense legal entities legal entity legal error legal expenses legal fees legal liability legal notification legal obligations legal principles legal protection legal qualification legal reasoning legal reflections legal representative legal requalification legal searches legislation legislative amendments legislative decree 150/2022 legislative decree 231 Legislative Decree 231/2001 Legislative Decree 74/2000 Legislative Decree 81/2008 legislative decree no. 150 Legislative Decree No. 150 of 2022 Legislative Decree No. 231 Legislative Decree No. 74/2000 legitimacy legitimate impediment legitimate occupation liability liability for omission liability of directors liability of entities liability of liquidators liability of public officials license revocation license suspension life imprisonment limitation limited partnership liquidation liquidation decree liquidator liquidator liability liquidators losing party lottery lottery office M.V. mafia mafia association mafia associations mafia infiltration mafia method mafia_association magistrate malfunction mandate to appeal manslaughter marital separation maritime law massacre material error mayoral ordinance medical liability medical malpractice medical profession memories messaging minimum participation minor damage minor entity minor extent minor offense minor significance of the act minors minutes misappropriation misdemeanor mistreatment mitigating circumstances mitigating factor mitigating factors mobbing monetary obligation 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 ruling 16576/2023 ruling 1663 ruling 16800 ruling 17012 ruling 17211 ruling 17216 ruling 17320 ruling 17400 ruling 17455 ruling 1759 ruling 17973 ruling 18/2023 ruling 1810 ruling 2020 ruling 2021 ruling 2022 ruling 2023 ruling 2024 ruling 2030 ruling 20337 ruling 2076/2024 ruling 23283 ruling 2383/2024 ruling 24256 ruling 24375 ruling 24808 ruling 25134 ruling 25136/2023 ruling 25274 ruling 25368 ruling 25529 ruling 25650 ruling 25764 ruling 26190/2023 ruling 26250 ruling 26297 ruling 26316 ruling 26418 ruling 26525 ruling 26549/2023 ruling 26966 ruling 27379/2023 ruling 27382 ruling 27397 ruling 27446 ruling 27517 ruling 28009 ruling 28060 ruling 29229 ruling 29379/2024 ruling 29959 ruling 30040/2024 ruling 3011 ruling 30143 ruling 30380 ruling 3044 ruling 30625/2024 ruling 30930 ruling 31169 ruling 31179 ruling 3356 2024 ruling 36/2024 ruling 36775 ruling 36918 ruling 36942 ruling 37131 ruling 37248 ruling 37350 ruling 37639 ruling 37751 ruling 37855 ruling 38511 ruling 38845 ruling 39243 ruling 39482 ruling 39548 ruling 39680 ruling 39711 ruling 40118 ruling 4193/2024 ruling 44064 ruling 44096/2024 ruling 44230 ruling 44251 ruling 44346 ruling 44941 ruling 45290 ruling 45599 ruling 45781 2024 ruling 45810 ruling 46549 ruling 48119 2023 ruling 48560 ruling 48579 ruling 48744 ruling 49291 ruling 50102 ruling 50298 ruling 50447 ruling 50797 ruling 51260 ruling 51388 ruling 51659 ruling 637/2024 ruling 7760/2016 ruling 834/2025 ruling no. 14792 ruling no. 17164 ruling no. 17918 ruling no. 1880 ruling no. 24260 ruling no. 2625 ruling no. 26721 ruling no. 27098 ruling no. 2772 ruling no. 29723 ruling no. 30092 ruling no. 3015 ruling no. 30608 ruling no. 30716 ruling no. 39481 ruling no. 41721/2024 ruling no. 44340 ruling no. 44731 ruling no. 44962 2024 ruling no. 46753 ruling no. 48511 ruling no. 49273 ruling no. 49799 ruling no. 49953 ruling no. 50062 ruling no. 51670 ruling no. 51735 ruling no. 936 ruling of the Court of Cassation ruling Rome ruling Supreme Court 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