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.
Analysis of the recent ruling no. 4170 of 2024 concerning real precautionary appeals and third-party rights regarding the return of seized assets, with a focus on ownership and availability of the assets.
Analysis of ruling no. 2772 of 2024, which clarifies the requirements of reasoning in criminal judgments, with particular reference to the use of telephone interceptions. An in-depth look at the principles of clarity and linearity in the reasoning of evidence.
The recent ruling of the Court of Cassation provides important insights into the notion of justified reason for non-compliance with the order to leave the territory, clarifying the conditions of absolute impossibility for foreigners.
Let's analyze ruling no. 574 of 2024 by the Court of Appeal of Palermo, which clarifies the conditions for compensation for wrongful detention in relation to the defendant's fault and extrajudicial behaviors.
A recent ruling by the Court of Cassation clarifies the distinction between complicity in the crime of illegal drug possession and mere non-punishable connivance. Let's explore the legal implications and fundamental differences.
Let us analyze judgment no. 3043 of 2024 concerning building offenses, particularly the obligation to demolish illegal constructions and the deadlines for self-demolition.
The recent ruling of the Court of Cassation on the right to the restitution of confiscated shares provides important insights into the issue of justice and the protection of property rights.
The recent ruling of the Court of Cassation clarifies how an acquittal verdict cannot affect a judgment of social dangerousness, reaffirming the principle of non-contradiction and the value of the presumption of innocence in the Italian legal system.
Analysis of ruling no. 47576 of 2024 that clarifies the conditions for participation in an association aimed at drug trafficking, highlighting the importance of stability and continuity in the supply.
Let's analyze judgment no. 44731 of 2024, which emphasizes the importance of respecting fundamental rights and constitutional guarantees in the context of the European arrest warrant, highlighting the significance of 'living law'.
41-bis abbreviated trial abnormal act abolitio criminis absence of defendant abuse abuse of blank endorsement abuse of contracts abusive clauses abusiveness Accident accountability accounting accounting documentation acquittal act of property disposition administrative law Admissibility of appeal age limit aggravated fraud aggravating circumstances aggravating factor aggravating factors aiding and abetting aiding illegal immigration air transport alimony Alternative Fraud alternative measures amnesty ANAS ancillary penalties annulment appeal appeal to the Court of Cassation appealability appeals appellate judge appropriative occupation art. 380-bis art. 41-bis art. 416-bis art. 45 c.p.c. art. 452-bis art. 581 code of criminal procedure art. 92 c.p.c. article 844 asset protection asset variations assignment of family home association associative crime Attempt attempted crime attempted extortion attempted murder atypical evidence bad debts bankruptcy bankruptcy fraud bankruptcy law bankruptcy trustee best interests of the child betting biological damage birth grant birth injury blank endorsement boundary regulation breach breach of contract building abuse building crimes building limits building regulations burden of pleading burden of proof burglary business crisis business income business transfer cancellation car dismantling Cartabia reform case law Cassation ruling causal connection causal link causation child protection Child Rights children's rights Choice of domicile Civil Code civil interests civil law civil liability civil mediation civil obligations civil party civil procedure Code of Civil Procedure code of criminal procedure cohabitation more uxorio collectible credit collective agreement collusion community service compensation compensation for damages compensation obligations complaint complicity composition concurrence of offenses conditional suspension condominium confessor confirmatory measures confiscated assets confiscation conflict of jurisdiction Consob conspiracy constitutional law construction law construction liability consumer law consumer protection contagion contempt continued offense continuing offenses contract contract annulment contract termination contractor liability contracts contractual clause corporate law corpus delicti correspondence corruption corruption of minors counterclaim counterfeiting Court of Appeal Court of Appeal of Bari Court of Assizes Court of Cassation Court of Spoleto Covid-19 credit rights creditors crime victims criminal association criminal code criminal irrelevance criminal law criminal liability criminal procedure criminal trial cui prodest cultural bonus cumulative sentences curator liability custodial sentence custody customs duties damage damage compensation damage in re ipsa damages damages compensation danger dangerous discharge dangerousness de facto family defamation default defect of motivation defects in work defendants' rights defense defense strategy deferment of sentence deferral of sentence delay demolition demolition order deposit detention detention of suspects devastation direct examination direct taxes directors discretionary power discrimination dismissal disproportionate confiscation disputatum dispute disputed credits disputes divorce dolus causam dans dolus incidens domestic relations abuse domestic violence domicile election DPCM 1997 driving under the influence Dropbox drug detention drug offenses drug trafficking drugs Dublin Regulation early release easement ECHR economic independence elderly electric scooter electricity embezzlement emissions emotional bond emphyteusis employability employer liability Enel Enel verifier enforceable judgment enforceable title Enforcement entities environmental law environmental pollution equity European arrest warrant European directive European Union law evasion evidence evidential value evidentiary seizure exception executable title execution incident expense settlement exploitation exploitation of incapacity expulsion extended confiscation external competition extinction extortion extradition extrajudicial conduct extraordinary appeal factual error failure to assist failure to communicate false declaration false testimony family conflict family law fictitious titleholder filling in contrary to the agreement fixed-term contracts flight risk forced sale foreclosure foreign convicts foreign defendant foreign judgments forfeiture fraud fraud offense fraudulent agreement fraudulent bankruptcy fraudulent declaration fraudulent transfer fraudulent transfer of values freedom freedom of self-determination fugitive fundamental rights good faith goodwill governing law gross negligence habitual residence health certificates health law health of the inmate healthcare liability hearing hearings highway code homicide hospital liability house arrest human rights illegal carrying of weapons illegal disposal illegal port illicit profits immediate dispute immigration law impartiality impeditive crimes imprisonment inadmissibility INAIL incapacity income indemnity indirect donation information obligations inheritance law inhuman treatment injunction injunctive relief insignificance of the act insolvency law intangible assets intent intentional homicide interceptions international abduction international cooperation international law international protection internet interviews with inmates intimidating force investigations investments involuntary manslaughter Italian case law ius superveniens judgment judgment 10672 judgment 15473/2024 judgment 19716 judgment 37081 judgment 45002 judgment 45818 2024 judgment 51681 judgment no. 21431 judgments judicial acts judicial administration judicial cooperation. jurisdiction jurisdiction regulation justice collaborators justified reason kidnapping labor law lack of interest landscape constraint late appeal late exception law lawyer lay judges legacies legal costs legal entities legal expenses legal interests legislation Legislative Decree No. 150 liability liability of directors liability of public officials license suspension lis pendens litigation consortium losing party mafia mafia association mafia method Maintenance maintenance allowance market value medical error medical liability medical malpractice medical record merger by incorporation minor damage minor offense minors minutes mistreatment mitigating factors mobbing money laundering moral damage moral violence mortgage mortgage creditors mothers motor vehicle narcotics ne bis in idem noise emissions non-EU citizens non-performance non-retroactivity Non-transferable cheque nosocomial infections notary notification notification of assessment notice notorious nullity nullity of trial obligations obstructive crimes omitted examination opposition order order 10120/2024 order 10294 order 10720/2024 Order 18232 order 21317 order 8916/2024 order no. 15847 of 2024 ordinance ordinary revocation organized crime Orlando reform parental rights partial mental defect partial use passive insinuation passive legitimacy passive legitimation paternity pecuniary damage Penal Code penalty penitentiary benefits personal checks personal data personal identity personal liberty physical coercion plaintiff's expenses plea bargain plea bargaining possession precautionary measure precautionary measures preferred credits prescription Presidential Decree 309/1990 pretrial detention prevention proceedings preventive arrangement preventive custody preventive measures preventive seizure principle of proportionality principle of specialty prison benefits prisoners' rights privacy private violence probation procedural defects procedural law professional liability prohibition of expatriation Promise of payment proof by presumptions property property damage property rights property violence proportionality prosecution by complaint protection of rights protection of third parties provisional enforceability provisions psychological violence public administration public contributions public defender public employees public employment public faith public fraud public official public officials public procurement public prosecutor putative reasoning receiving stolen goods recidivism reconciliation recovery programs recusal redemption reduction to servitude referral refusal of official acts regime 41-bis registration of a crime report registration tax regulation rehabilitation reimbursement of expenses reiteration related crimes renewal of proceedings rental fees reparation reporting obligation rescission residence permit restitution restitution of goods retraction Revenue Agency review revocation revocatory action Right of access right of appeal right of asylum right of defense right of residence right of way right to defense right to health right to report right to sue rights rights of defense road accident robbery ruling ruling 11389 ruling 14077 ruling 15069 ruling 15637 ruling 17400 ruling 18238 ruling 18261/2024 ruling 23283 ruling 24375 ruling 25529 ruling 26263 ruling 27397 ruling 27517 ruling 31179 ruling 37855 ruling 44230 ruling 45599 ruling 9818 ruling no. 11622 ruling no. 17918 ruling no. 2772 ruling no. 3015 ruling no. 44731 ruling no. 49799 ruling no. 51670 ruling no. 6433 rulings sanctions school staff security seized assets seizure self-laundering sentence sentence 15429 sentence 17055 sentence 26348 sentence 29332 sentence 45792 sentence 49499 sentence 50847 sentence reductions separation separation agreement serious fault serious illness service concession servitude sexual offenses shared custody shared parenting signature authentication simulated donation slight mitigating circumstance smuggling social inclusion socially useful work solve et repete clause spannometric method specific intent sponsorship sports associations stalking standard of living standing to appeal state liability state of necessity state of need statements statute of limitations subjective element subordination substitute penalties substitute penalty summary judgment super condominium supervising magistrate support administrator Supreme Court Supreme Court ruling suretyship surveillance court suspects alloglotta suspension of enforcement order suspension of proceedings suspicious transactions tacit acceptance tax tax assessment tax collection notice tax crimes tax deductibility tax documentation tax evasion tax law tax liability tax offense tax trial technical consultancy termination territorial jurisdiction terrorism testimony testing certificate TEU theft third-party rights tolerability torture traceability trafficking in persons trafficking victims transfer of business transfer pro soluto transfers translation transport of weapons trust TUIR unauthorized access undue perception unfavorable fact Unique Identification Code unreasonable risk usurpative occupation usury validation of arrest VAT victim protection video chat violation of removal order virtual presence vulnerability wage rights Warsaw Convention waste wiretapping withdrawal witness evidence Work workers' rights workplace injuries workplace safety wrongful detention