Defense Law Articles and Case Studies

Welcome to the defense law category where you can find insightful articles and case studies on legal defense strategies and court precedents.

Bianucci Law Firm
Judgment No. 4163 of 2024: The Appointment of Two Counsel in the Civil Part and Its Consequences.

Let’s analyze the ruling no. 4163 of 2024, with particular attention to the issue of the appointment of two defenders by the civil party and the legal implications of this choice.

Bianucci Law Firm
Commentary on Judgment No. 45842 of 2024: Appeals and Defense for Fugitive Defendants.

Analysis of the recent ruling no. 45842 of 2024 regarding the admissibility of appeals for absent and fugitive defendants, and the fundamental role of the public defender.

Bianucci Law Firm
Judgment No. 46027 of 2024: Right of Access to Audio Files in Review.

The recent ruling of the Court of Cassation provides important clarifications on the right to access audio files in the case of complex precautionary measures. Let's analyze the consequences of this decision for the right of defense and the implications for the management of wiretaps.

Bianucci Law Firm
Production of minutes in defensive investigations: commentary on ruling no. 46795 of 2024

The recent ruling no. 46795 of 2024 clarifies that the records of defensive investigations are not subject to the five-day deadline for filing memoranda, highlighting an important distinction in the surveillance procedure.

Bianucci Law Firm
Commentary on Judgment No. 37875 of 2023: Obligation to Appoint a Public Defender.

The recent ruling no. 37875 of 2023 clarifies the judge's obligation to appoint a public defender in case of resignation by the trusted lawyer, highlighting the importance of the right to defense for the defendant.

Bianucci Law Firm
Commentary on Judgment No. 22135 of 2023: The Lack of Digital Signature and the Admissibility of the Appeal.

Judgment no. 22135 of 2023 clarifies that, during an emergency period, the lack of digital signature on attachments does not result in the inadmissibility of the appeal to the Court of Cassation, provided that they are non-essential documents.

Bianucci Law Firm
Wiretapping: Commentary on Judgment No. 26297 of 2024

The ruling no. 26297 of 2024 clarifies the importance of the proper submission of authorization decrees for telephone interceptions, ensuring the right to defense and the legitimacy of precautionary measures.

Bianucci Law Firm
Commentary on Judgment No. 29348 of 2024: Nullity and Chamber Procedure in Covid-19 Emergency.

Analysis of ruling no. 29348 of 2024, which clarifies the nullity of the appeal trial held without the presence of the defense attorney, in violation of the emergency provisions for the Covid-19 pandemic.

Bianucci Law Firm
Analysis of Judgment No. 28046 of 2024: Appeal and Notification Defects

In this analysis, we delve into ruling no. 28046 of 2024, highlighting the importance of notifying the deposit notice of judgments and its impact on the appeal deadlines.

Bianucci Law Firm
Judgment No. 25935 of 2024: the inadmissibility of the appeal for the fugitive.

The recent ruling of the Court of Cassation clarifies the applicability of Article 581, paragraph 1-quater, of the Code of Criminal Procedure to the absent defendant declared a fugitive, highlighting the responsibilities of the defense attorney in the appeal process.