Precautionary Measures and Requalification of the Fact: The Cassation's Guidelines in Ruling no. 10861 of 2025
Explore the implications of Cassation Ruling no. 10861 of 2025 on personal precautionary measures: when the Tribunal of Review reclassifies the crime, the obligation arises to assess the competence of the District Judge for Preliminary Investigations and the consequences for the suspect. A crucial analysis for those operating in criminal law.
Sending the witness list via PEC is legitimate: comment on Cass. pen. Sec. VI, sentence no. 8915/2024
The Court of Cassation, with sentence no. 8915 filed on March 4, 2025, confirms the validity of transmitting the witness list via PEC pursuant to art. 468 c.p.p., overcoming interpretative doubts and updating procedural rules to technological evolution. We analyze the ratio, precedents, and practical impacts.