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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Commentary on Judgment No. 14489 of 2022: The Aggravating Factors in Robbery.

Let's analyze the ruling no. 14489 of 2022, which clarifies the relationship of specialty between the aggravating factors provided for in Articles 61 and 628 of the Penal Code regarding robbery, offering a clear and understandable view of the issue.

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Judgment No. 15652 of 2022: Withdrawal and Unreliability of Statements in Criminal Law.

The ruling no. 15652 of 2022 by the Court of Cassation clarifies the importance of statements made during preliminary investigations and their crucial role in the assessment of testimonial evidence, especially in the event of retraction by the witness.

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Commentary on ruling no. 16560 of 2023: Continuous crime and mafia association

Analysis of ruling no. 16560 of 2023, which clarifies the dynamics of the continuous offense in contexts of mafia association, and the implications for the detention and rehabilitative process of the defendants.

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Sentence No. 17496 of 2022: Impunity and Intent in Cases of Partial Mental Defect.

An analysis of the ruling that clarifies the relationship between culpability and guilt, with particular reference to intent in situations of personality disorders and chronic alcoholism, in light of Italian case law.

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Commentary on Judgment No. 17494 of 2022: Fraud and Devastation in Criminal Law.

Let's analyze ruling no. 17494 of 2022, which clarifies the concept of intent in the crime of devastation, highlighting the necessary requirements for its configurability and the legal implications.

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Ruling No. 16822 of 2022: House Arrest and Late Request in Hearing

Analysis of judgment no. 16822 of 2022, which clarifies the possibility of requesting home detention as an alternative to probation and the necessary legal conditions.

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Commentary on Judgment No. 15635 of 2023: European Arrest Warrant and the Principle of Specialty

The recent ruling of the Court of Cassation clarifies the application of the principle of specialty in the context of the European Arrest Warrant, excluding its applicability in cases of confiscation. Let’s explore the details and legal implications of this ruling.

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Analysis of Judgment No. 40174 of 2024: The Role of the Bankruptcy Trustee and the Refusal of Official Acts.

The ruling of the Court of Cassation No. 40174 of 2024 clarifies the limits of the bankruptcy trustee's liability, distinguishing between delay and refusal of official acts. Let us explore the necessary conditions to configure the offense.

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Commentary on Judgment No. 40177 of 2024: Inadmissibility of the Public Prosecutor's Appeal to the Supreme Court.

Judgment no. 40177 of 2024 examines the issue of the inadmissibility of the appeal to the Court of Cassation filed by the public prosecutor in the case of abnormal acts, delving into the concept of interest in appealing.

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Analysis of Judgment No. 38772 of 2024: Offense Against a Public Official and Virtual Presence.

The recent ruling no. 38772 of 2024 emphasizes the equivalence between physical and virtual presence in cases of contempt of public officials, with significant implications for Italian jurisprudence.