Case Law: Legal Precedents and Court Decisions

Discover a collection of articles and insights on case law, legal precedents, and court decisions in the field of law on the Bianucci Legal Studio blog.

Bianucci Law Firm
Judgment No. 27727 of 2023: Lay Judges and Age Limits in Criminal Proceedings

We analyze ruling no. 27727 of 2023, which clarifies the implications of surpassing the age of sixty-five by lay judges and their jurisdictional capacity during the trial.

Bianucci Law Firm
European Arrest Warrant and the Right to Defense: An Analysis of Judgment No. 50684 of 2023.

The recent ruling of the Court of Cassation raises important questions regarding the right to legal representation for absent defendants in the context of the European arrest warrant, highlighting the defense guarantees and fundamental rights recognized at the European level.

Bianucci Law Firm
Judgment No. 48103 of 2023: The Personal Identity of the Defendant and the Unique Identification Code.

The importance of the correct identification of the defendant in criminal proceedings: an analysis of ruling no. 48103 of 2023 and the role of the Unique Identification Code to ensure the certainty of identity.

Bianucci Law Firm
Physical coercion and failure to assist: analysis of ruling no. 50435 of 2023.

Judgment No. 50435 of 2023 clarifies the concept of physical coercion in criminal law, highlighting the limits of the exemption in cases of failure to provide assistance. An analysis to understand the rights and duties of individuals in emergency situations.

Bianucci Law Firm
Commentary on Judgment No. 49499 of 2023: Admissibility of Complaint and Inadmissibility of Appeal.

The recent ruling of the Court of Cassation provides important clarifications on the prosecution by complaint introduced by Legislative Decree No. 150 of 2022 and its interaction with the declaration of inadmissibility of the appeal, ensuring a clearer understanding of the legal dynamics at play.

Bianucci Law Firm
Drunk Driving on a Scooter: Commentary on Judgment No. 48083 of 2023

The recent ruling of the Court of Cassation clarifies that the penalty of license suspension does not apply to those driving vehicles for which no license is required, such as electric scooters.

Bianucci Law Firm
Judgment No. 48081 of 2023: Referral and Liquidation of Costs in the Plea Bargaining Procedure.

The recent ruling of the Court of Cassation clarifies the criteria for the settlement of costs in favor of the civil party in the context of plea bargaining, establishing important guidelines for referral to the competent judge.

Bianucci Law Firm
Commentary on Judgment No. 50257 of 2023: The Minor Offense in Drug Crimes.

An analysis of ruling no. 50257 of 2023 on the configurability of drug offenses, with particular attention to the concept of minor significance and the overall assessment of the defendant's conduct.

Bianucci Law Firm
Jurisdiction for Related Offenses: Commentary on Judgment No. 48816 of 2023

Judgment no. 48816 of 2023 clarifies the criteria for territorial jurisdiction for associative crimes with consumption that began abroad and continued in Italy, applying supplementary rules. Let's explore the meaning and legal implications.

Bianucci Law Firm
Analysis of Judgment No. 50299 of 2023: Failure to Communicate Asset Changes

The ruling of the Court of Cassation no. 50299 of 2023 clarifies the criteria for establishing liability in the crime of failure to communicate changes in assets, emphasizing the importance of assessing the actual harmfulness.