Abbreviated Judgment and Revocation of the Request: Analysis of Ruling No. 34854 of 2023

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41-bis A.A. abbreviated trial abnormal act abuse abuse of office abuse of power abusive occupation abusive practice accidents accountability accounting accounting records acquittal act of property disposition active repentance administrative liability administrative sanctions administrator liability administrators adversarial system aggravated fraud aggravating factor aggravating factors alternative measures annulment annulment without referral anti-mafia law antisemitism apology of fascism appeal Appeal to the Supreme Court appointment of defense counsel archiving armed conflict arrest art. 452-bis article 127 article 133 of the penal code article 41-bis asset liability assistance attempted murder Attorney General attribution authority of the Prefect backdating banking law bankruptcy bankruptcy fraud bankruptcy law bankruptcy offenses bankruptcy trustee betting beyond a reasonable doubt building abuse building bonuses building law building offenses burden of pleading burden of proof carrying in a public place Cartabia reform case law Cassation causal link challenge child pornography child protection children's rights citizenship civil judgment civil law civil liability civil obligations civil party constitution civil trial cohabitation collective entities collector community service complaint complicity computer data computer devices concurrent sentences conditional suspension conditional suspension of sentence confiscation consent constitutional legitimacy contempt continuation of offenses continued offense continuity in executivis conversion of sentence corporate law corruption corruption of minors Court of Appeal Court of Cassation court of review cover-up Covid-19 crime crimes crimes art. 4-bis criminal action Criminal Association criminal code criminal conspiracy criminal justice criminal law criminal liability criminal procedural law criminal procedure criminal proceedings criminal review criminal trial culpability cultural heritage curator liability custodial sentence damage damage repair damages compensation danger assessment dangerous animals dangerous discharge dangerous ignitions daytime isolation de facto administrator debt waiver decommissioning deductibility default defendant defendant's liability defendants' rights defense defense impediment defensive investigations delegation of functions demolition order dentistry detention detention regime devastation directors disability defense domestic violence domicile doubling of penalties driving under the influence drug addiction drug importation drug trafficking duration educational responsibility educators elderly electricity embezzlement emergency exit employer liability encrochat endangerment crime Enel verifier energy theft enforceable judgment Enforcement Judge entities environmental law environmental liability environmental pollution environmental responsibility equality European arrest warrant European investigation order European regulations evidence evidential uncertainties evidentiary seizure exclusion of punishability expulsion extended confiscation extortion extradition Failure to Declare failure to report false corporate communications false invoices family family law fault financial intermediation food products foreign convicts foreign defendant foreigners forfeitable profit fraud fraudulent agreement fraudulent bankruptcy fraudulent declaration freedom of expression freedom of self-determination fugitive gambling addiction General Fraud good faith GPS location guarantee interrogation guidelines habituality health law health laws health safety healthcare professionals hearing adjournment home access homicide house arrest human dignity human rights ideological falsehood ideological falsehood. illegal collection illegal interference illegal stay illegal subdivision illegality of penalty illicit origin immediate judgment immigration immigration law impartiality of the judge impeditive causes inadmissibility inadmissibility of evidence 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party mafia mafia association magistrate manslaughter maritime law medical liability messaging minor entity minor offense minors misappropriation misdemeanor mistreatment mitigating circumstances mobbing money laundering money transfer mortgage narcotic substances narcotics new evidence nonexistent invoices notarial liability notary notification notifications nullity nursing home obligation to provide reasons obstructive offenses offenses subject to complaint office prosecution old age online grooming Opposition order overdose paper judgment Paper proceedings para-familiarity parole probation partial mental defect passive extradition penalty pepper spray personal data personal injuries plea bargaining postponement of hearing precautionary measure precautionary measures preliminary investigations preliminary ruling Presidential Decree 309/1990 preventive confiscation preventive measures preventive seizure principle of specialty prison benefits prison system prisoners' rights privacy 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