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.

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Judgment No. 51159 of 2023: State of Necessity and Relevance of Putativity.

Analysis of ruling no. 51159 of 2023 regarding the state of necessity and its legal implications. An in-depth look at the requirements needed for the applicability of this justification.

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Commentary on Judgment No. 51160 of 2023: Proof of Damages in Compensation

Judgment No. 51160 of October 31, 2023, of the Court of Cassation clarifies the requirements for general condemnation to compensation for damages, highlighting the importance of the causal link and the potential harmful capacity of the damaging act.

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Judgment No. 50847 of 2023 and the Differentiated Detention Regime: A Legal Analysis

The recent ruling of the Surveillance Court of Turin clarifies the illegitimacies of the restrictions on outdoor stay for inmates subjected to the regime under Article 41-bis, emphasizing the need for individualized measures.

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Analysis of Judgment No. 51399 of 2023: The Right Balance between Security and Freedom of Correspondence.

The recent ruling no. 51399 of 2023 emphasizes the legality of the retention of correspondence for inmates subjected to the regime under Article 41-bis, highlighting constitutional rights and security needs.

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Commentary on Judgment No. 51407 of 30/11/2023: Reflections on the Differentiated Detention Regime.

Let's analyze the very recent ruling of the Court of Cassation regarding Article 41-bis of the prison system and the implications on the presumption of dangerousness of those sentenced to life imprisonment.

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Judgment No. 50729 of 2023: Seizure of Illicit Profits and Initiative of the Public Prosecutor.

Analysis of ruling no. 50729 of 2023 that clarifies the methods of executing the confiscation of criminal profits and the crucial role of the public prosecutor in the selection of confiscable assets.

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Judgment No. 15641 of 2023: Reflections on Corruption in Public Administration.

Let's analyze the recent ruling no. 15641 of 2023, which clarifies the boundaries between proper corruption and corruption for the exercise of function, emphasizing public and private interest.

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Corruption and Public Administration: Analysis of Judgment No. 14027 of 2024

Let's discover the meaning and implications of Judgment No. 14027 of 2024, which clarifies the boundaries of corruption in the activities of public officials and which acts are truly criminal.

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Commentary on Judgment No. 15673 of 2024: The Role of the Third Party in Preventive Seizure.

Judgment No. 15673 of 2024 provides important insights on the right of a third-party titleholder to contest a preventive seizure, clarifying the necessary conditions for the validity of confiscation and the role of the fictitious nature of the title.

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Commentary on Judgment No. 16979 of 2024: Covid-19 Contributions and Undue Perception.

The ruling no. 16979 of 2024 by the Court of Cassation provides important clarifications on the configuration of the crime of fraudulent receipt of public funds in relation to the economic contributions provided by the Italian State during the Covid-19 pandemic.