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. 15937 of 2024: The inadmissibility of the appeal for lack of interest.

The recent ruling of the Court of Appeal of Naples clarifies the limits of the defendant's appeal when the aggravating factor is considered subordinate to the mitigating factors, highlighting the importance of a concrete interest in the legal action.

Bianucci Law Firm
Judgment No. 17470 of 2024: Pre-Trial Detention and the Relevance of the Period of Confinement

Analysis of ruling no. 17470 of 2024 regarding preventive custody and the irrelevance of the detention period for the replacement of the precautionary measure, with legislative and jurisprudential references.

Bianucci Law Firm
Judgment No. 13659 of 2024: Minor Offense and Mitigating Factors in Criminal Law

Judgment no. 13659 of 2024 clarifies that the legal qualification of drug offenses does not automatically imply the recognition of mitigating factors, requiring a thorough analysis of the insignificance of the profit and the harmful event.

Bianucci Law Firm
Commentary on Judgment No. 15637 of 2024: Preventive Seizure and the Principle of Proportionality

Let's analyze ruling no. 15637 of 2024, which clarifies the conditions for the applicability of preventive seizure and the role of the principle of proportionality in the execution phase.

Bianucci Law Firm
Direct examination of the body of the offense: commentary on ruling no. 14743 of 2024.

The ruling no. 14743 of 2024 by the Court of Appeal of Milan clarifies the methods of direct examination of the body of the crime, highlighting the absence of an obligation for a debate with the defense. Let’s explore the legal implications of this decision together.

Bianucci Law Firm
Aggravated Fraud for Public Funding: Commentary on Ruling No. 13573/2024

Judgment No. 13573 of 2024 addresses the issue of aggravated fraud for the purpose of obtaining public grants, clarifying the configurability of the crime within the scope of the 'culture bonus' and the distinction from undue perceptions of public grants.

Bianucci Law Firm
Fraud and the Right to File a Complaint: Commentary on Ruling No. 15134 of 2024

The recent ruling of the Court of Appeal of L'Aquila clarifies the right to file a complaint in cases of fraud, highlighting the standing of individuals other than the deceived party. Learn more about this fundamental legal aspect.

Bianucci Law Firm
Judgment No. 16480 of 2024: Admissibility of Appeal and Right to Access Judgment.

The ruling no. 16480 of 2024 by the Court of Cassation establishes important principles regarding the admissibility of the appeal and the right of access to the trial, clarifying the methods of electing domicile and the importance of fair cooperation between the parties.

Bianucci Law Firm
Commentary on Sentence No. 15429 of 2024: Extortion and Mafia Method

Let's analyze judgment no. 15429 of 2024, which addresses the issue of 'silent' extortion threats by mafia members, exploring the legal implications and the aggravating circumstances provided by the Penal Code.

Bianucci Law Firm
Ruling No. 16057 of 2024: The Independent Appealability of Confirmatory Measures.

The recent ruling no. 16057 of 2024 by the Court of Cassation clarifies the rules regarding the appealability of merely confirmatory measures, establishing the impossibility of independent appeal and the reasons for this legal choice.