Evidence Law Articles and Cases
Welcome to our evidence law category, where you can find insightful articles, court cases, and legal analyses related to the presentation and evaluation of evidence in legal proceedings.
Unusability of WhatsApp messages: analysis of ruling no. 1269 of 2024.
The recent ruling no. 1269 of 2024 clarifies the conditions for the admissibility of WhatsApp messages obtained by the police, highlighting the importance of respecting the defensive rights of the accused.
The Use of Facebook Messages as Evidence: Commentary on Judgment No. 46715 of 2024
The recent ruling of the Court of Cassation clarifies the methods of acquisition and evidential use of messages exchanged on Facebook, highlighting the distinction between traffic data and intercepted communications.
Analysis of the Judgment of the Court of Cassation, Civil Section II, No. 30733 of 2017: Validity of Wills and Burden of Proof.
We explore the ruling of the Court of Cassation that confirmed the nullity of a holographic will, analyzing the legal principles regarding the burden of proof and the verification of the authenticity of testamentary intentions.
Civil Liability and Testimonial Evidence: Analysis of the Judgment Cass. Civ., Ord. n. 33136 of 2024.
In this analysis, we focus on the ruling of the Court of Cassation that rejected the appeal of a motorcyclist following an accident caused by a tree trunk on the roadway, highlighting the importance of causal evidence in civil liability.
Evidence in the Sales Contract: Commentary on the Judgment of the Court of Cassation, No. 3373/2010.
Let’s analyze the ruling of the Court of Cassation no. 3373 of 2010, which clarifies the burden of proof in cases of contractual liability for defects in the sold goods and the importance of presumptions in the assessment of evidence.
Analysis of the Cassation Court Criminal Judgment No. 34940 of 2024: Kidnapping and Multiple Offenses.
The Court of Cassation upheld the conviction for kidnapping for extortion purposes, highlighting the importance of circumstantial evidence and recent regulatory developments regarding the acquisition of telephone data.
Commentary on Judgment No. 18792 of 2022: Declarations to the Bankruptcy Trustee and the Interpreter.
The ruling no. 18792 of 2022 of the Court of Cassation clarifies the interpretation of the rules regarding statements made to the bankruptcy trustee by non-native speakers, highlighting the limits of the necessity for an interpreter.
Judgment No. 29346 of 2024: The Revocation of Investigative Orders in Criminal Law.
Judgment no. 29346 of 2024 clarifies the conditions for the revocation of investigative orders and the admission of excluded evidence, highlighting the discretionary role of the judge. Let’s explore the details and implications of this important decision together.
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.
Order No. 16737 of 2024: The Assessment of Clinical Certifications and Their Evidentiary Value.
A detailed analysis of the recent order no. 16737 of 2024, which clarifies the evidential value of the statements contained in a medical record and the importance of documentary evidence in the healthcare sector.