Defending Your Rights: Legal Articles & Cases
Welcome to our collection of legal articles and cases focusing on the right to defense. Here, you can find valuable insights and updates on this crucial aspect of the legal system.
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.
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.
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.
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.
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.
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.
Commentary on Order No. 18152 of 2024: Collection of Sanctions and Prescription of Credit.
Let's analyze the important Order No. 18152 of 2024, which clarifies the possibility of raising the statute of limitations on claims in opposition to enforcement for traffic fines, providing insights into the protection of citizens' rights.
Incompatibility of the Lawyer: Analysis of Ruling No. 16668 of 2024
Judgment no. 16668 of 2024 clarifies the boundaries of incompatibility for lawyers who also serve as honorary judges. Discover the legal and regulatory implications of this decision.
Ruling No. 24657 of 2023: Nullity of the hearing for violation of the right to defense.
The recent ruling of the Court of Cassation establishes the importance of the right to defense and the absolute nullity of the hearing in case of failure to establish a telematic connection, highlighting the critical issues of the emergency regulations during the pandemic.
Judgment No. 25365 of 2023: Nullity and the Right to Defense in Times of Pandemic.
Analysis of ruling no. 25365 of 2023 regarding the failure to consider the written conclusions submitted by the defense via certified email and the implications for general nullity in criminal matters.