The Aggravating Circumstance of Art. 71 Legislative Decree 159/2011: Clarifications from the Supreme Court with Ruling 20227/2025
An in-depth analysis of ruling 20227/2025 by the Court of Cassation, which outlines the boundaries for applying the aggravating circumstance to those who commit crimes while under preventive measures, even if revoked, distinguishing between supervening elements and original deficiencies. An essential read for understanding Italian criminal justice.
Preventive Measures: The Court of Cassation and Limits to the Court's Powers (Judgment no. 17683/2025)
An important ruling by the Court of Cassation, judgment no. 17683 of 2025, clarifies the boundaries of the court's power in matters of preventive measures: after detention, the assessment of social dangerousness is limited to the execution or revocation of special surveillance, excluding modifications to the original category of dangerousness. Essential reading for the protection of rights and the correct application of the Anti-Mafia Code.
Special Rehabilitation and Prevention Measures: Ruling 10013/2024 and the Probationary Period
Explore the recent ruling of the Court of Cassation no. 10013/2024 which clarifies the irrelevance of the period of detention or alternative measures for special rehabilitation pursuant to art. 70 Legislative Decree 159/2011, emphasizing the importance of irreproachable conduct post-release for repentance.