Criminal Procedures: Legal Insights & Analysis

Discover a wealth of knowledge on criminal procedures, court rulings, and legal analysis in this curated collection of articles. Stay up-to-date on the latest developments in criminal law.

Bianucci Law Firm
Illegitimacy of Total Seizure of Evidence: Analysis of Judgment No. 1286 of 2024

The recent ruling of the Court of Cassation highlights the importance of reasoning in the evidentiary seizure of electronic data. A detailed analysis of the rights to privacy and the secrecy of correspondence.

Bianucci Law Firm
Commentary on Order No. 28583 of 2024: Inadmissibility of the Appeal due to Abnormality.

Let’s analyze Ordinance No. 28583 of 2024, which clarifies the inadmissibility of the appeal to the Court of Cassation in the case of dismissal by the investigating judge, highlighting the requirements of abnormality and the 'de plano' procedures.

Bianucci Law Firm
Analysis of Judgment No. 49757 of 2023: Detention of Suspect and Judicial Competences.

Let's explore ruling no. 49757 of 2023, which clarifies the competencies of the public prosecutor in cases of the detention of a suspect executed in the territory of another jurisdiction.

Bianucci Law Firm
Analysis of Judgment no. 14980/2022: The Importance of Independent Assessment in Precautionary Measures.

The recent ruling no. 14980 of 2022 highlights the obligation for the judge to carry out an independent assessment of the elements supporting precautionary measures, a crucial aspect in Italian criminal law.

Bianucci Law Firm
Commentary on Judgment No. 36467 of 2024: Suspension of Proceedings and Probation.

The recent ruling of the Court of Cassation clarifies important aspects regarding the suspension of proceedings with probation, highlighting the evidential burden of the defendant in the event of requalification of the fact.

Bianucci Law Firm
Judgment No. 39476 of 2024: The Nullity of the Indictment and the Role of the Summons to Trial.

Let's analyze the recent ruling no. 39476 of 2024, which clarifies the conditions for the nullity of the indictment in cases of the omission of the defendant's name. An important decision for Italian jurisprudence.

Bianucci Law Firm
Analysis of Judgment No. 39481 of 2024: Intermediate Nullity and Notifications in Preliminary Hearings.

The ruling no. 39481 of 2024 clarifies the consequences of the failure to notify the request for trial postponement, highlighting the importance of the provisions regarding the preliminary hearing in criminal proceedings.

Bianucci Law Firm
Judgment No. 36918 of 2024: Unusable Statements Not Assisted and Requests for Retroactive Dating.

The recent ruling no. 36918 of 2024 clarifies the exceptions to the inadmissibility of statements made by individuals who were late in registering in the criminal record, highlighting the importance of the request for retroactive registration according to Article 335-quater of the Code of Criminal Procedure.