Effective Security Measures: Legal Insights & Updates
Discover expert legal analysis and updates on security measures. Stay informed on the latest regulations, best practices, and court decisions to protect your interests.
Extended confiscation under Article 240-bis of the Penal Code: Analysis of judgment no. 1729 of 2024
Judgment No. 1729 of 2024 by the Court of Cassation sheds new light on extended confiscation, clarifying its retroactive applicability even in cases of acquittal due to statute of limitations. Let's explore together the meaning of this decision.
Jurisdictional Competencies: Analysis of Judgment no. 647 of 2024
Judgment no. 647 of 2024 by the Court of Ravenna clarifies the competence of the supervisory judiciary in the enforcement proceedings of personal security measures, highlighting the importance of specialization in criminal law.
Detentive Security Measures and Habitual Delinquency: Commentary on Judgment No. 2422 of 2024
We analyze the recent Judgment No. 2422 of 2024, which clarifies the duration limit of detentive security measures for individuals declared habitually delinquent, in light of current legislation.
Cassazione n. 14483/2025: confiscation by equivalent also affects joint accounts
The Supreme Court once again addresses the issue of confiscation by equivalent pursuant to art. 12-bis Legislative Decree 74/2000, clarifying when sums in joint accounts with third parties unrelated to the crime can be seized and what protections remain for bona fide third parties.
Commentary on Judgment No. 46801 of 2024: Expulsion and Supervised Release in Criminal Law
Let's analyze ruling no. 46801 of 2024, which addresses the issue of expulsion from the territory of the State and the possible replacement with the measure of supervised release, examining the criteria of adequacy and proportionality.
Criminal Court of Cassation Judgment No. 13097/2025: domicile requirement for lodging appeals and REMS inmates
With judgment No. 13097/2025, the Court of Cassation clarifies that a person committed to a REMS does not need to file a declaration or election of domicile together with the appeal under Art. 581, para. 1-ter of the Code of Criminal Procedure, because notices are served in person, just as they are for prisoners. We examine the reasoning, practical impact and link with the Cartabia reforms.
Seizure for disproportion and protection of third parties: commentary on ruling no. 31179 of 2024.
Analysis of judgment no. 31179 of 2024 regarding confiscation for disproportion and the protection of the rights of good faith third parties. Discover the legal and regulatory implications in this in-depth study.
Supervised Freedom: The Interest in Appealing Persists Even After the Revocation of the Measure. Analysis of Supreme Court Ruling no. 10424/2024
Let's delve into the recent ruling of the Supreme Court of Cassation, judgment no. 10424/2024, which clarifies a crucial aspect concerning supervised freedom: the importance of the convicted person's interest in contesting their original social dangerousness, even when the security measure has already been revoked. A fundamental analysis for the protection of individual rights and legal implications.
Forced Pharmacological Therapy and Supervised Release: Cassation Ruling 10777/2025
An in-depth analysis of the recent ruling by the Court of Cassation that legitimizes the power of the supervisory magistrate to impose specific methods for administering pharmacological therapy to mentally ill individuals on supervised release, balancing care, safety, and fundamental rights.
Unjust detention and security measures: the Court of Cassation with sentence no. 13539/2024 opens to compensation ex art. 314 c.p.p.
The Supreme Court, with decision no. 13539/2024, clarifies that even deprivation of liberty resulting from the application of the "house of labour" security measure entitles to compensation for unjust detention. Let's analyze the content, normative bases, and practical implications for defense and clients.