Commentary on Judgment No. 17354 of 2023: Seizure and Statute of Limitations in Criminal Law.
Analysis of the ruling no. 17354 of 2023, which clarifies the relationship between the extinguishment of the crime due to statute of limitations and confiscation measures in the Italian criminal system, highlighting the importance of the nature of confiscation.
Usury and Seizure: Analysis of Judgment No. 16045 of 2023
The ruling no. 16045 of 2023 significantly clarifies the issue of confiscable profit in cases of usury, establishing precise criteria for identifying usurious interests and their relevance for the purposes of confiscation.
Commentary on Judgment No. 15636 of 2023: The Importance of Contradictory in the Confiscation Revocation Procedure.
Judgment No. 15636 of 2023 clarifies that the opposition to the order rejecting the request for revocation in matters of confiscation must respect the adversarial principle, under penalty of nullity of the provision. An analysis of the legal and practical implications of this ruling.
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.
Commentary on Judgment No. 36573 of 2024: Preventive Seizure and Start Date.
Analysis of ruling no. 36573 of 2024 regarding the start date of the asset prevention proceedings, with particular reference to the death of the interested party.
Extended confiscation and mortgage: commentary on ruling no. 37108 of 2024.
The ruling no. 37108 of 2024 provides important clarifications on the non-opposability of the mortgage in the case of extended confiscation, highlighting the relevance of any fraudulent agreements and the good faith of the transferors.
Seizure and Destination of Assets: Analysis of Judgment No. 38845 of 2024
Judgment No. 38845 of 2024 clarifies the judge's jurisdiction in resolving issues related to the confiscation and allocation of assets, a crucial theme in Italian criminal law.