Glossary entry

Italian term or phrase:

accessoria dell’interdizione

English translation:

accessory interdiction, accessory punishment, accessory penalty

Added to glossary by Mahmood Movassaghi
Feb 25, 2017 20:40
7 yrs ago
2 viewers *
Italian term

accessoria dell’interdizione

Italian to English Bus/Financial Finance (general) l’impianto sanzionatorio
accessoria dell’interdizione dallo svolgimento della funzione o dell’incarico da 6 mesi a 3 anni. Many thanks
Change log

Mar 7, 2017 23:04: Mahmood Movassaghi Created KOG entry

Proposed translations

13 hrs
Selected

accessory interdiction, accessory punishment, accessory penalty



Does the conviction of adultery carry the accessory of civil interdiction which deprives the person of the rights to manage her property and to dispose of such property inter vivos?

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The accessory punishment is attached to the main custodial punishment by the criminal law as an accessory. As such, concept-wise, it is neither applied nor decreed by the court of law as it ensues ope legis, that is by the power of law and not ope judicis that is by the power of the court of law.
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Aside from prison terms and fines, certain accessory penalties may be imposed (termination of rights, closure of premises and confiscation (article ‧ of the Criminal Code)) and security measures may be taken to prevent repeat offences (prohibition against practising a profession, penal relegation and surveillance measures (article ‧ of the Criminal Code)), confiscation of all moveable and immoveable goods belonging to the convicted person, and seizure
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https://glosbe.com/en/en/accessory penalty

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Accessory penalties are that deemed included in the imposition of the principal penalty.

1. Perpetual or temporary absolute disqualification

The penalties of disqualification for public office shall produce the following effects:

a. Deprivation of the public offices and employment which the offender may have held, even if conferred by popular election.

b. The deprivation of the right to vote in any election for popular elective office or to be elected to such office.

c. The disqualification for the offices or public employment and for the exercise of any of the rights mentioned.

In case of temporary disqualification, such disqualification as is comprised in paragraph (b) and (c) of this article shall last during the term of the sentence.

d. The loss of all rights to retirement pay or other pension for any office formerly held. (Art. 30)

All of these effects last during the lifetime of the convict and even after the service of the sentence except as regards pars. (b) and (c) of the above in connection with temporary absolute disqualification. (People v. Abes, 24 SCRA 780)

2. Perpetual or temporary special disqualification

The penalties of disqualification for public office, profession or calling shall produce the following effects:

a. The deprivation of the office, employment, profession or calling affected.

b. The disqualification for holding similar offices or employment either perpetually or during the term of the sentence, according to the extent of such disqualification. (Art. 31)

The perpetual or temporary special disqualification for the exercise of the right of suffrage shall deprive the offender perpetually or during the term of the sentence, according to the nature of said penalty, of the right to vote in any popular election for any public office or to be elected to such office. Moreover, the offender shall not be permitted to hold any public office during the period of his disqualification. (Art. 32)

3. Suspension from public office, the right to vote and be voted for, the profession or calling.

If suspension is imposed as an accessory penalty, the duration is the same as that of the principal penalty. The person suspended from holding public office shall not hold another having similar functions during the period of his suspension. (Art. 33)

4. Civil interdiction

Civil interdiction shall deprive the offender during the time of his sentence of the rights of parental authority, or guardianship, of marital authority, of the right to manage his property and of the right to dispose of such property by any act or any conveyance inter vivos. (Art. 34)


https://attyrcd.wordpress.com/2010/01/28/penalties/

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Note added at 13 hrs (2017-02-26 10:20:47 GMT)
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accessory civil interdiction
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4 KudoZ points awarded for this answer. Comment: "many thanks"
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