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. 37438 of 2024: Reflections on the European Arrest Warrant

Analyzing the recent ruling no. 37438 of 2024 provides an important opportunity to understand the mechanisms of the European arrest warrant and the implications of the finality of the conviction in the Italian and European legal context.

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Commentary on Judgment No. 39722 of 2024: Competition between Abuse and Torture.

Let’s analyze ruling no. 39722 of 2024, which clarifies the overlap between domestic violence and torture. An important decision for the protection of human dignity and psycho-physical integrity.

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Judgment No. 37154 of 2024 on the Rescission of Res Judicata: Analysis and Implications

An analysis of ruling no. 37154 of 2024, which modifies the prerequisites for the rescission of the judgment according to the Cartabia reform, clarifying the need to demonstrate the condemned person's knowledge of the proceedings.

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Judgment No. 40301 of 2024: Stalking and the Aggravating Circumstance for Minors

Let’s analyze ruling no. 40301 of 2024, which clarifies the applicability of the aggravating factor for minors in the crime of stalking, highlighting the fundamental regulatory distinction.

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Commentary on Judgment No. 39162 of 2024: Substitute Penalties and Reeducational Purpose.

Let's analyze ruling no. 39162 of 2024, which clarifies the criteria for the application of substitute sentences, highlighting the importance of the judge's prognostic reasoning.

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Commentary on Judgment No. 36467 of 2024: Suspension of Proceedings and Probation.

The recent ruling of the Court of Cassation clarifies important aspects regarding the suspension of proceedings with probation, highlighting the evidential burden of the defendant in the event of requalification of the fact.

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Commentary on Judgment No. 37650 of 2024: Possibility of Acquiring Irrevocable Judgments in Cassation.

Let's analyze the recent ruling no. 37650 of 2024, which clarifies the conditions for the acquisition of merits judgments in the Court of Cassation, with particular reference to the crime of criminal association.

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Judgment No. 36940 of 2024: Exclusion of Statements in Electricity Theft.

The recent ruling of the Court of Cassation clarifies the admissibility of statements made to the Enel inspector during investigations of electricity theft, establishing important principles in criminal law.

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Judgment No. 37245 of 2024: the legitimacy of the demolition order in case of prescription.

Let's analyze the recent ruling no. 37245 of 2024, which clarifies the implications of the demolition order for building violations that have lapsed due to prescription, highlighting the need to consider the property in its entirety.

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Analysis of Judgment No. 38126 of 2024: Reasoning and Obligation of Clarity in Appeal.

Let's explore the recent ruling of the Court of Cassation that clarifies the obligation of reasoning for the appellate judge, excluding the referral 'by relation' to the first instance ruling.