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. 45788 of 2024: Embezzlement and Fraudulent Bankruptcy

We explore ruling no. 45788 of 2024, which clarifies the differences between misappropriation and fraudulent bankruptcy, highlighting the principle of 'ne bis in idem' and the relevance of the bankruptcy declaration.

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Judgment No. 45002 of 2024: Inadmissibility of Statements in Civil Mediation in Criminal Proceedings

Let's explore the recent ruling no. 45002 of 2024, which clarifies the inadmissibility of statements made in civil mediation within the context of criminal proceedings, highlighting the legal principles involved and the practical implications.

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Commentary on Judgment No. 45583 of 2024: Substitute Penalties and Conditional Suspension.

Analysis of ruling no. 45583 of 2024 regarding alternative penalties and conditional suspension of the sentence, highlighting legislative innovations and their impact on defendants' rights.

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Seizure and Opposition: Analysis of Judgment No. 45818 of 2024

Order No. 45818 of 2024 clarifies the rights of a third party in the event of confiscation ordered against a defendant, defining the procedures for opposing the rejection of the restitution request.

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Commentary on Judgment No. 44042 of 2024: Abuse of Domestic Relationships and Criminal Liability

Analysis of ruling no. 44042 of 2024 on the configuration of the aggravating factor of domestic relationship abuse and its impact on Italian criminal law.

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Commentary on Judgment No. 47593 of 15/10/2024: Precautionary Measures and Evaluation of Defense Elements.

Analysis of the recent ruling on the assessment of evidence in the granting of personal precautionary measures, with a focus on the alleged failure to consider defensive elements.

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Analysis of Judgment No. 46705 of 2024: Revisiting the Detention of Suspects.

The recent ruling of the Court of Cassation clarifies the conditions of legitimacy for the repeated detention of suspects within the same criminal proceeding, highlighting the distinction between the risk of flight and the violation of precautionary measures.

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The configurability of the crime of fraud according to ruling no. 45599 of 2024

The recent ruling of the Court of Cassation clarifies the configurability of the crime of fraud, highlighting the importance of the causal link between the inducement to error and the economic damage suffered, even in the absence of direct contacts.

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Judgment No. 44230 of 2024: Extortion and Property Damage in Criminal Law

Analyzing the ruling no. 44230 of 2024, we delve into the concept of property damage in relation to the crime of extortion, clarifying the legal implications and relevant case law.

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Commentary on Judgment No. 45230 of 2024: The Crime of Money Laundering and Its Configurations

Analysis of the ruling of the Court of Appeal of Milan that clarifies the methods of configuring the crime of money laundering, highlighting the importance of traceability and the origin of the money.