Defendants' Rights in Legal Proceedings: Articles & Case Law
Discover a range of insightful articles and case law focusing on defendants' rights in legal proceedings. Stay updated on the latest legal protections and procedures to ensure a fair trial.
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.
Judgment No. 47333 of 2024: Substitute Penalties and Burden of Proof
The recent ruling of the Court of Appeal of Milan clarifies the inadmissibility of requests for alternative sentences to short prison sentences without the necessary documentation, highlighting the absence of a burden on the defendant and the limitations of local agreements.
Analysis of the Judgment of the Court of Cassation, Criminal Section V, No. 43625 of 2022: the Recognition of the Non-Mention of the Conviction.
The ruling of the Court of Cassation provides important insights on the recognition of the benefit of not mentioning the conviction in the criminal record, highlighting the rights of the defendants and the duties of judges in justifying their decisions.
Analysis of Judgment No. 27813 of 2024: the Importance of Proper Procedure in Genetic Investigations
This ruling highlights how the violation of international protocols in DNA analysis can compromise the entire criminal process, rendering the results unusable as evidence.
Judgment No. 25943 of 2024: The Enforcement Incident and the Validity of the Absentee Decree.
An analysis of ruling no. 25943 of 2024 that clarifies the conditions for challenging the validity of the decree of fugitive status in an enforcement incident, highlighting the importance of proper notification and the formation of the executive title.
Judgment No. 29253 of 2024: Translation of documents and rights of the multilingual defendant.
Judgment no. 29253 of 2024 clarifies the consequences of the lack of translation of documents for non-native defendants, highlighting the rights and protections provided by law.
Judgment No. 28018 of 2023: The Admissibility of the Appeal to the Court of Cassation on the Concordato in Appeal.
The very recent ruling of the Court of Cassation clarifies the importance of the rejection order of the plea bargain, affirming its appealability and the need to ensure fairness in judicial proceedings.
Intermediate Regime Nullity: Analysis of Judgment No. 48102 of 2023
The recent ruling no. 48102 of 2023 by the Court of Cassation clarifies the importance of appointing an interpreter for defendants who do not speak Italian, highlighting the legal consequences of such an omission.
Judgment No. 48776 of 2023: Revocation of the absence order in case of lack of knowledge of the proceedings.
The recent ruling no. 48776 of 2023 clarifies the obligation to revoke the order of absence in criminal proceedings, highlighting the protection of the defendant's rights and the importance of proper notification.
Judgment No. 48275 of 2023: Reflections on Nullity in Proceedings by Paper.
Let’s analyze ruling no. 48275 of 2023 by the Court of Cassation regarding nullity in paper-based proceedings, with particular attention to the emergency regulations related to the Covid-19 pandemic and the implications for the rights of defendants.