Kauffer
Master Poster
- Joined
- Oct 17, 2014
- Messages
- 2,382
The highlighted portion says Acquittal because the accused has committed the crime
That makes no sense. Not guilty because they committed the crime.
No I didn't say that but if that makes it better for you...
Paragraph one is not just for no crime occurring.
Tonini is opposed to the current law because it has shades of not guilty - reread what he says.
You certainly have a difficult time getting what I have said clearly. Both paragraph 1 and 2 are full acquittals but paragraph one is a clear statement of innocence while 2 is saying there is not enough for conviction.
In most cases brought to court there is a case of some sort to get past summary judgment but not all result in convictions because of BARD.
CPP Article 530 Judgment of acquittal
1. If the criminal act did not occur, the accused did not commit it, the act is not deemed an offence by law or it has been committed by a person who cannot be accused or punished for a different reason, the judge shall deliver a judgment of acquittal, mentioning the cause in the operative part of the judgment.
2. The judge shall deliver a judgment of acquittal also in case of insufficient, contradictory or lacking proof that the criminal act occurred, the accused committed it, the act is deemed an offence by law, the offence was committed by a person with mental capacity.
you seriously don't see any difference? you do see that under 1 there is the option "the accused did not commit it" while under two has "insufficient,contradictory or lacking proof.." you really don't see the difference? really?
It's no good reproducing the translation of the code again. We know you have problems toggling between the Italian and the English in a search for meaning. Sometimes you contend that meaning is obvious, when it suits your argument. At other times, you contend it is opaque, when citations are produced against your position. Indeed, you have to read the original language in the context of the legal culture. That's why all this stuff is terribly difficult for non Italians - for both lawyers and non lawyers.
And here is a case in point:
In Italian, it reads:
"Assoluzione perché l'imputato non ha commesso il fatto"
I guess the use of "non" may deal with your perplexity on this point.
And para 1 is explained by:
"Assoluzione perché il fatto non sussiste"
As for Tonini, in the citation, he expresses absolutely no agreement with a position supportive of the view - your view, that there are different shades of guilt and absolution, including your own position that a para 2 acquittal means that A and R are deemed by the court or the system to be "less than totally innocent".
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