Understanding Revocation in Legal Contexts
Discover insights and analysis on the concept of revocation in legal contexts, including relevant articles and case law on Studio Legale Bianucci's blog.
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.
Juvenile Probation: The Court of Cassation and the Autonomy of the Procedure (Judgment no. 20150/2025)
The Court of Cassation, with judgment no. 20150/2025, has reiterated the autonomy of the juvenile probation procedure, excluding the application of rules for adults. An analysis of the specificities of criminal justice for minors and the implications of this ruling for the revocation of the measure.
Criminal Cassation no. 15978/2025: revocation of probation and the limits of the judge's discretion
The Supreme Court returns to the revocation of the suspension of proceedings with probation: a single serious transgression may be sufficient, provided that the judge verifies the legal requirements under art. 168-quater c.p. Let's delve into the requirements, case law, and practical impacts for defendants and their lawyers.
Probation and revocation power: Cassation no. 14938/2025 indicates the scope of action of the supervisory judge
The Supreme Court, with ruling 14938/2025, clarifies when the supervisory judge can revoke provisional probation granted ex Art. 94 DPR 309/1990, excluding the obligation to observe the 30-day term referred to in Art. 51-ter of the prison regulations. Let's explore the impact and practical consequences.
Criminal Cassation no. 13806/2025: community service and the convicted person's obligation to act
The Supreme Court reiterates that, under the regime of alternative penalties, after notification of the judgment, the convicted person must independently contact the UEPE: in their absence, the alternative sanction may be revoked. Regulatory analysis, case law precedents, and practical implications for lawyers and clients.
Analysis of Judgment No. 3011 of 2024: Flaws in the Revocation Order in Criminal Proceedings
Discover the importance of ruling no. 3011 of 2024 regarding the revocation of the penal decree of conviction and the implications for the defendants. A clear and in-depth analysis to understand the rights and legal procedures at play.
State-Funded Legal Aid: The Court of Cassation and the Effectiveness of the Lawyer's Fee (Judgment no. 9628/2025)
The Court of Cassation, with judgment no. 9628 of 2025, clarifies a crucial aspect of state-funded legal aid: the revocation of the benefit, even if retroactive for the assisted party, does not nullify the effectiveness of the decree for the lawyer's fee issued before the revocation. An in-depth analysis to understand the rights of professionals and the protection of assisted parties.
Abolition of the Offence and Unappealable Judgment: The Court of Cassation clarifies the role of art. 673 c.p.p. in Judgment no. 17793 of 2025
The Court of Cassation, with judgment no. 17793 of 2025, has clearly outlined the boundaries between the institute of review and the revocation of the judgment by the execution judge, in the event of the abolition of the offence. Discover why revocation is the only remedy to ensure the application of the principle of retroactivity of the more favourable criminal law, avoiding procedural errors and ensuring justice.
Revocation of suspended sentence and five-year term: commentary on Cass. pen. n. 12847/2025
The Court of Cassation, with ruling no. 12847/2025, clarifies that the commission of a new crime within five years is sufficient to trigger the revocation of the suspended sentence, without the corresponding judgment needing to be final. Let's explore the practical consequences and regulatory references.
The Jurisdiction of the Execution Judge in the Revocation of the Penal Decree: Analysis of Judgment no. 10787/2025
The Supreme Court, with judgment no. 10787/2025, clarifies a crucial aspect of the execution judge's jurisdiction in the presence of multiple titles. Discover who is called upon to decide on the revocation of the penal conviction decree when an individual has multiple final convictions, ensuring procedural certainty and uniformity.