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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Ruling No. 13628 of 2023: Appeal and Aggravating Circumstances in Criminal Law.

The recent ruling of the Court of Appeal of Trieste clarifies the lack of interest in appealing aggravating circumstances already deemed substandard. An analysis of the case law and applicable regulations.

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Analysis of Judgment No. 14403 of 2024: Mafia-Type Association and the Concept of Intimidating Force.

Judgment No. 14403 of 2024 provides important clarifications on the configurability of the crime of mafia-type association in territories different from those of origin, excluding the need for the externalization of intimidating force.

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Analysis of Judgment No. 13201 of 2024: Liability in the Cooperation of Persons in the Crime.

Judgment No. 13201 of 2024 raises important reflections on the criminal liability of co-offenders, clarifying the meaning of presence and participation in the criminal act.

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Judgment No. 13203 of 2024: Relevance of the Special Effect Aggravating Circumstance in the Statute of Limitations.

Let's analyze ruling no. 13203 of 2024, which clarifies the relevance of the aggravating circumstance with special effect in the calculation of the statute of limitations, even in the absence of an indication of the measure of increase in the penalty.

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Analysis of Judgment No. 16138 of 2024: Dismissal and Insignificance of the Fact.

The recent ruling of the Court of Cassation provides significant insights into the validity of dismissal for criminal irrelevance and the assessment of the insignificance of the act. Let’s explore what this means for the parties involved and which regulations govern it.

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Analysis of Judgment No. 16412 of 2024: The Relevance of the Declaration of Non-Joining as a Civil Party.

The ruling no. 16412 of 2024 of the Court of Cassation clarifies the meaning of the complainant's declaration of not constituting themselves as a civil party, highlighting the distinction between the will to lodge a complaint and the civil action for damages.

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Fraudulent Bankruptcy Document: Analysis of Judgment No. 14931 of 2024

Discover how the late presentation of accounting books in criminal proceedings affects the existence of the crime of fraudulent bankruptcy, according to the recent ruling no. 14931 of 2024.

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Prescription and adjournment of the trial: analysis of ruling no. 15405 of 2023.

The ruling no. 15405 of 2023 by the Court of Cassation clarifies the effects of the postponement of the trial at the request of the civil party and the non-suspension of the statute of limitations in the absence of explicit consent from the defense.

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Judgment No. 14077 of 2024: Good Faith and Criminal Liability in Misdemeanors.

Let's explore the meaning of good faith in the context of offenses, in light of ruling no. 14077 of 2024, analyzing the conditions that may exclude criminal liability.

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Judgment No. 16875 of 2024: Clarifications on State-Funded Legal Assistance.

The recent ruling No. 16875 of 2024 provides important clarifications regarding the conditions for eligibility for state-funded legal aid, with particular attention to income limits and the significance of the latest tax return.