LE IMPUGNAZIONI NEL MERITO DELLE CAUTELE PENALI REALI

Il presente lavoro muove dalla constatazione della carenza nella letteratura sul processo penale, di una trattazione organica delle impugnazioni in materia cautelare reale. Ne \ue8 scaturita la scelta di indagare questo settore delle impugnazioni penali in modo trasversale, con riguardo sia al tipo di cautela coinvolta (sequestro preventivo e conservativo), sia al tipo di mezzo d\u2019impugnazione proposto. Peraltro, la ricerca coinvolge le sole impugnazioni sul merito dei provvedimenti cautelari reali, con inclusione dei soli mezzi del riesame e dell\u2019appello. Il presente studio non affronta l\u2019analisi del ricorso per cassazione, tenuto conto della specificit\ue0 dei problemi che la relativa disciplina presenta. Inoltre, per il ricorso non si pongono quesiti di sorta in ordine alla natura di mezzo di impugnazione, mentre, \ue8 noto, \ue8 fortemente dibattuto quale fisionomia abbia il riesame, mezzo da sempre incline ad assecondare sia la logica tipica dei gravami, intesi quali strumenti per un \u201cnuovo giudizio\u201d sulla situazione giuridica da accertare, sia \u2013 al contempo \u2013 la logica tipica dei mezzi d\u2019impugnazione, intesi quali strumenti di controllo del provvedimento, e del relativo accertamento. Dal canto suo l\u2019appello, tradizionalmente inquadrato fra i mezzi d\u2019impugnazione, condivide con il riesame una fisionomia proteiforme. Ci\uf2 suggerisce, da un lato, un accostamento fra i due istituti, dall\u2019altro, un approccio attento a valorizzare le differenze di disciplina fra l\u2019appello dell\u2019imputato e l\u2019appello del pubblico ministero. Ulteriori indicazioni utili a indagare sulla reale natura del riesame e dell\u2019appello si ricavano dall\u2019analisi dei problemi di interferenza fra procedimento d\u2019impugnazione cautelare e procedimento di revoca del sequestro preventivo (art. 321 c.p.p.).The research aims to analyse the regime of the appeals on merit in the preventive seizure proceedings (riesame and appello cautelare)\ub8in order to examine their legal status; the analysis has been developed reconstructing both legal standards and jurisprudence. Elements collected displayed to be referred to the type of \u201cnew judgment on merit\u201d and \u201clegal control of the judicial decision\u201d. The research has also examined innovations introduced by L. 47/2015, which is referred to personal precautionary measures, to verify if they should be applied also to real ones (misure cautelari reali). Basing on the analysis about the legal status of different appeals on the merits and proceedings for withdrawing the real precautionary measure (art. 321 \ua7 3 criminal procedural code), the research examines also the event that the mentioned attacks should be assume the status of legal control on precautionary measures (instead of \u201cnew judgment on the fact\u201d)

Capacitive mixing for the extraction of energy from salinity differences: Survey of experimental results and electrochemical models

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Numerical Solution of the Dynamic Programming Equation for the Optimal Control of Quantum Spin Systems

The purpose of this paper is to describe the numerical solution of the Hamilton-Jacobi-Bellman (HJB) for an optimal control problem for quantum spin systems. This HJB equation is a first order nonlinear partial differential equation defined on a Lie group. We employ recent extensions of the theory of viscosity solutions from Euclidean space to Riemannian manifolds to interpret possibly non-differentiable solutions to this equation. Results from differential topology on the triangulation of manifolds are then used to develop a finite difference approximation method, which is shown to converge using viscosity solution techniques. An example is provided to illustrate the method.Comment: 11 pages, 5 figure

ClC-1 chloride channels: state-of-the-art research and future challenges

The voltage-dependent ClC-1 chloride channel belongs to the CLC channel/transporter family. It is a homodimer comprising two individual pores which can operate independently or simultaneously according to two gating modes, the fast and the slow gate of the channel. ClC-1 is preferentially expressed in the skeletal muscle fibers where the presence of an efficient Cl(-) homeostasis is crucial for the correct membrane repolarization and propagation of action potential. As a consequence, mutations in the CLCN1 gene cause dominant and recessive forms of myotonia congenita (MC), a rare skeletal muscle channelopathy caused by abnormal membrane excitation, and clinically characterized by muscle stiffness and various degrees of transitory weakness. Elucidation of the mechanistic link between the genetic defects and the disease pathogenesis is still incomplete and, at this time, there is no specific treatment for MC. Still controversial is the subcellular localization pattern of ClC-1 channels in skeletal muscle as well as its modulation by some intracellular factors. The expression of ClC-1 in other tissues such as in brain and heart and the possible assembly of ClC-1/ClC-2 heterodimers further expand the physiological properties of ClC-1 and its involvement in diseases. A recent de novo CLCN1 truncation mutation in a patient with generalized epilepsy indeed postulates an unexpected role of this channel in the control of neuronal network excitability. This review summarizes the most relevant and state-of-the-art research on ClC-1 chloride channels physiology and associated diseases

Consistent improvement with eculizumab across muscle groups in myasthenia gravis

Objective: To assess whether eculizumab, a terminal complement inhibitor, improves patient- and physician-reported outcomes (evaluated using the myasthenia gravis activities of daily living profile and the quantitative myasthenia gravis scale, respectively) in patients with refractory anti-acetylcholine receptor antibody-positive generalized myasthenia gravis across four domains, representing ocular, bulbar, respiratory, and limb/gross motor muscle groups. Methods: Patients with refractory anti-acetylcholine receptor antibody-positive generalized myasthenia gravis were randomized 1:1 to receive either placebo or eculizumab during the REGAIN study (NCT01997229). Patients who completed REGAIN were eligible to continue into the open-label extension trial (NCT02301624) for up to 4 years. The four domain scores of each of the myasthenia gravis activities of daily living profile and the quantitative myasthenia gravis scale recorded throughout REGAIN and through 130 weeks of the open-label extension were analyzed. Results: Of the 125 patients who participated in REGAIN, 117 enrolled in the open-label extension; 61 had received placebo and 56 had received eculizumab during REGAIN. Patients experienced rapid improvements in total scores and all four domain scores of both the myasthenia gravis activities of daily living profile and the quantitative myasthenia gravis scale with eculizumab treatment. These improvements were sustained through 130 weeks of the open-label extension. Interpretation: Eculizumab treatment elicits rapid and sustained improvements in muscle strength across ocular, bulbar, respiratory, and limb/gross motor muscle groups and in associated daily activities in patients with refractory anti-acetylcholine receptor antibody-positive generalized myasthenia gravis

Spectroscopic Survey of {\gamma} Doradus Stars I. Comprehensive atmospheric parameters and abundance analysis of {\gamma} Doradus stars

We present a spectroscopic survey of known and candidate $\gamma$\,Doradus stars. The high-resolution, high signal-to-noise spectra of 52 objects were collected by five different spectrographs. The spectral classification, atmospheric parameters (\teff, $\log g$, $\xi$), $v\sin i$ and chemical composition of the stars were derived. The stellar spectral and luminosity classes were found between G0-A7 and IV-V, respectively. The initial values for \teff\ and \logg\ were determined from the photometric indices and spectral energy distribution. Those parameters were improved by the analysis of hydrogen lines. The final values of \teff, \logg\ and $\xi$ were derived from the iron lines analysis. The \teff\ values were found between 6000\,K and 7900\,K, while \logg\,values range from 3.8 to 4.5\,dex. Chemical abundances and $v\sin i$ values were derived by the spectrum synthesis method. The $v\sin i$ values were found between 5 and 240\,km\,s$^{-1}$. The chemical abundance pattern of $\gamma$\,Doradus stars were compared with the pattern of non-pulsating stars. It turned out that there is no significant difference in abundance patterns between these two groups. Additionally, the relations between the atmospheric parameters and the pulsation quantities were checked. A strong correlation between the $v\sin i$ and the pulsation periods of $\gamma$\,Doradus variables was obtained. The accurate positions of the analysed stars in the H-R diagram have been shown. Most of our objects are located inside or close to the blue edge of the theoretical instability strip of $\gamma$\,Doradus.Comment: 18 pages, 13 figure

Regular Oscillation Sub-spectrum of Rapidly Rotating Stars

We present an asymptotic theory that describes regular frequency spacings of pressure modes in rapidly rotating stars. We use an asymptotic method based on an approximate solution of the pressure wave equation constructed from a stable periodic solution of the ray limit. The approximate solution has a Gaussian envelope around the stable ray, and its quantization yields the frequency spectrum. We construct semi-analytical formulas for regular frequency spacings and mode spatial distributions of a subclass of pressure modes in rapidly rotating stars. The results of these formulas are in good agreement with numerical data for oscillations in polytropic stellar models. The regular frequency spacings depend explicitly on internal properties of the star, and their computation for different rotation rates gives new insights on the evolution of mode frequencies with rotation.Comment: 14 pages, 10 figure