[{"@context":"http:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/wiki.edu.vn\/all2en\/wiki42\/exclusion-of-the-liberating-test-wikipedia\/#BlogPosting","mainEntityOfPage":"https:\/\/wiki.edu.vn\/all2en\/wiki42\/exclusion-of-the-liberating-test-wikipedia\/","headline":"Exclusion of the liberating test – Wikipedia","name":"Exclusion of the liberating test – Wikipedia","description":"From Wikipedia, Liberade Libera. L’ Exclusion of the liberating test It is a legal institute provided for by the Italian","datePublished":"2020-08-26","dateModified":"2020-08-26","author":{"@type":"Person","@id":"https:\/\/wiki.edu.vn\/all2en\/wiki42\/author\/lordneo\/#Person","name":"lordneo","url":"https:\/\/wiki.edu.vn\/all2en\/wiki42\/author\/lordneo\/","image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/44a4cee54c4c053e967fe3e7d054edd4?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/44a4cee54c4c053e967fe3e7d054edd4?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Enzyklop\u00e4die","logo":{"@type":"ImageObject","@id":"https:\/\/wiki.edu.vn\/wiki4\/wp-content\/uploads\/2023\/08\/download.jpg","url":"https:\/\/wiki.edu.vn\/wiki4\/wp-content\/uploads\/2023\/08\/download.jpg","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/it.wikipedia.org\/wiki\/Special:CentralAutoLogin\/start?type=1x1","url":"https:\/\/it.wikipedia.org\/wiki\/Special:CentralAutoLogin\/start?type=1x1","height":"1","width":"1"},"url":"https:\/\/wiki.edu.vn\/all2en\/wiki42\/exclusion-of-the-liberating-test-wikipedia\/","wordCount":902,"articleBody":"From Wikipedia, Liberade Libera. L’ Exclusion of the liberating test It is a legal institute provided for by the Italian criminal system and regulated by art. 596 of the criminal code. [first] It provides that the accused of the crimes of injury and defamation is not admitted to prove, at its defense, the truth or notoriety of the fact attributed to the offended person. Art. 596, third paragraph, provides for an exception: when the offense consists in the attribution of a determined fact, the proof of the truth of the fact is always allowed in the criminal proceeding. In accordance with the fourth paragraph, if the truth of the fact is proven or if the fact has subsequently determined the sentence of the person to whom it has been attributed, the author of the charge is not punishable, unless the ways do not integrate in itself the crime of defamation themselves. Reference is made to this exception with the Latin phrase exception of truth . When the offense consists in the attribution of a determined fact, the proof of the truth of the fact, however, is always allowed in the criminal proceeding in one of the following cases: if the offended person is a public official and the fact attributed to it refers to the exercise of his functions; If for the fact attributed to the offended person it is still open or a criminal proceeding begins against it; If the plaintiff formally asks that the judgment extends to ascertain the truth or falsity of the fact attributed to it. If the truth of the fact is proven, or if for it the person to whom the fact is attributed is condemned for it after the attribution of the fact itself, the author of the charge is not punishable, unless the ways do not make for themselves the provisions of article 594, first paragraph, or of article 595 paragraph first. With a formula that resumes traditions of chivalrous code At the time of the duels, the second paragraph however admits that “when the offense consists in the attribution of a determined fact, the offended person and the offender can, in accordance ‘honor the judgment on the truth of the fact himself \u00bb. The Constitutional Court, on 5 July 1973, confirmed the legitimacy of this legislation. [2] As far as the web is concerned, the Cassation is however at this time oriented to less restrictive readings of the standard, [3] admitting the right to demonstrate also those facts that respect the criteria required by the law in the press, that is relevance social and public interest in dissemination. compliance of information to the truth objective (within the limits in which this can be ascertained); expressive correctness ( continence tolerable report in accordance with the current levels of “expressive decency”); relevance , that is, close relevance to issues of current notoriety (news events that have undergone a certain media feedback). Roman law [ change | Modifica Wikitesto ] In Roman criminal law, the Latin expression exception of truth (exception of truth) It was used to indicate the faculty of those who were accused of the crimes of injury or defamation (or other similar crimes relating) to demonstrate the truth of the facts attributed; Alternatively, the cause of justification or non -punishment of the said crimes was meant for it. [4] [5] The expression remains in use in common language as a legacy of Roman law [6] . US law [ change | Modifica Wikitesto ] In other systems, however, for example in the US one, the test faculty is much wider, as an expression of the right of speech.   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