Tuesday, October 20, 2009

Church Help Request Letter

The "complaint"

The lawsuit is provided for in Articles. 336 and 340 of the Criminal Procedure Code and offenses not prosecuted ex officio in respect of which the complaint is scheduled instead.
This is the declaration by the person who suffered the crime (or his legal representative) expressed the desire that we proceed to punish the guilty.
There are no special rules for the contents of the complaint, it is necessary that there is a description of the criminal act, and that is clear about the intention of the plaintiff shall proceed regarding the fact and they punish the guilty.
Who can submit? The victim or his lawyer
Who to contact? In Italy: a prosecutor or an officer of the Carabinieri police, the police
Abroad: a consular officer
What are the deadlines for submission?
Within 3 months from the day when there is news that constitutes the crime.
Within 6 months for crimes against sexual freedom (sexual assault or sexual acts with a minor)
How can it be made? In oral form
, in this case the officer will write a report and should always be issued with a copy.
In writing
can also be delivered via a designated person or mailed by registered mail. In these cases, the signature must be notarized. Even for the registered letter?
In the case of flagrante delicto for offenses involving the arrest mandatory or optional, can be made an oral statement to a police officer on the scene
What must the lawsuit?
The description of the criminal act with any news about the author and about the evidence
The clear expression of will of the plaintiff because the culprit is punished.
The signature of plaintiff or his lawyer
Who can request a receipt for the submission of a complaint?
may require the plaintiff or his lawyer
E 'possible to withdraw the complaint?
The plaintiff or his lawyer may withdraw (remission) the lawsuit brought earlier, giving notice orally or in writing to the authority or officer of the police complaint
The proposal for some cases of sexual assault or sexual acts with minors irrevocable.
attention because the lawsuit is filed the waiver must be accepted by the defendant, if innocent, could instead have an interest in demonstrating, through the process, its full strangeness of the crime. The lawsuit can not 'never be withdrawn if the offense, it appears that there is a ADMISSIBILITY' office.

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