Welcome to our curated collection of articles and judgments from the Court of Cassation, offering insights into key legal rulings and precedents in Italian law.
The recent ruling of the Court of Cassation offers important insights on the institution of progressive res judicata and its implications regarding the legal requalification of more serious cases. Let’s explore together the profound meaning of this decision.
Analysis of Judgment No. 2970 of 2024 and its implications regarding Article 610 of the Code of Criminal Procedure, with a focus on the legitimacy of the judging panel.
The recent ruling by the Court of Cassation highlights the importance of the principle of applying the most favorable law in cases of succession of laws in criminal matters, analyzing the transition from the regime of prosecution upon complaint to that of ex officio prosecution.
Analysis of the recent ruling no. 45842 of 2024 regarding the admissibility of appeals for absent and fugitive defendants, and the fundamental role of the public defender.
Let's analyze the recent ruling no. 46979 of 2024 by the Court of Cassation, which clarifies the conditions for contesting aggravating circumstances in the crime of intentional bodily harm, with particular attention to cases of stalking.
Judgment no. 45407 of 2024 clarifies the role of the delegated European Prosecutor in the context of appeals, establishing their standing to file appeals to the Court of Cassation. A thorough analysis of the reasoning and legal implications.
Let’s analyze the recent ruling no. 45587 of 2024, which clarifies the impossibility for the Court of Cassation to examine the correctness of administrative proceedings regarding building offenses.
Judgment no. 47737 of 2024 by the Court of Cassation clarifies the timeliness criteria for the annulment of res judicata in the context of electronic criminal proceedings, providing important insights for lawyers and industry professionals.
Analysis of the recent ruling by the Court of Cassation regarding the application of the mitigating factor for minor severity in the crime of robbery, in light of the ruling of the Constitutional Court no. 86 of 2024.
A comprehensive analysis of the ruling of the Court of Cassation addressing the issue of the minor nature of the crime of robbery and the related mitigating factors, in light of the recent pronouncement of the Constitutional Court.
abbreviated trial abuse abuse of contracts abuse of office abuse of rights abusiveness acceptance of inheritance accidents Accounting accounting records accreditation accumulation of claims acquittal action for reduction active repentance administrative liability administrative proceedings administrative sanctions administrators adoptability adoption Adversarial proceedings adversarial process adverse possession aggravating circumstances Aggravating Factors aggravating factors robbery agreements Agricultural Companies agricultural contract agricultural law agricultural redemption agricultural unemployment aiding and abetting alimony alternative measures alternative penalties ambulatoriness annulment of res judicata annulment without referral anti-money laundering legislation apology of fascism appeal appeal to the Court of Cassation appeals appropriateness armed conflict arrest art. 2051 c.c. art. 36 of the Constitution. art. 380-bis art. 610 art. 618 article 127 article 133 of the penal code article 231 cpc Article 345 of the Code of Civil Procedure. article 348-ter article 448 ASL liability assessment asset liability authority of the Prefect autonomy backdating ballot set-aside bank interest bankruptcy bankruptcy fraud bankruptcy law bankruptcy offenses begging best interests of the child binding judgment biological damage biological truth birth injuries blood transfusions board of auditors breach of contract building crimes burden of allegation burden of proof cadastral classification cadastral revision capacity to think and will case law case management catastrophic damage challenge charge child abduction child pornography child protection child support children's needs children's rights citizenship civil law civil liability civil party civil procedure claims made claims made clause closing times CNF co-parenting code of civil procedure code of criminal procedure coercive abuse cohabitation cohabitation more uxorio collation collection collection agent colluding entrepreneurs commission communication community service compensation compensation for damages competence competition complaint computer devices computer systems conciliation concurrent sentences conditional suspension confiscation consensual separation Consob consolidation of appeals Consumer Code consumer protection consumer rights consumers consumption dispute continued offense continuing offense continuous offenses contract contract law contracts contractual waiver contributory negligence conversion of sentence conviction cooperation corporate law correction of errors corruption cosmetics Court of Cassation Court of Cassation 19744/2014 Covid-19 Covid-19 emergency credibility creditors crime crimes criminal association criminal justice criminal law criminal liability criminal procedural law criminal proceedings criminal report criminal trial custodial liability custodial sentence custodial terms custody custody of minors custody rights cyber fraud damage damage compensation damages damages assessment damages compensation DASPO daytime isolation Death of the defendant death penalty debt waiver deception decision 20877 defamation defect of motivation defense defense guarantees defense rights deservingness determinability diagnostic error diplomatic personnel Directive 2005/14/EC directors disability disability law disciplinary sanctions discipline discrimination dismissal dispute violation dissolved company divorce divorce allowance divorce settlement documentary evidence domestic violence donations driving under the influence driving without a license dual parenting early release ECHR economic conditions education educators electoral crimes electronic criminal trial electronic filing embezzlement emissions employer liability energy supply enforceable title enforcement enhanced reasoning equality equitable settlement Equitalia equity equivalent confiscation European arrest warrant European Court of Human Rights European Public Prosecutor European regulations evasion evidence excluded evidence exclusive custody execution incident executive acts executive title exemption expedited justice expiration exploitation prostitution extension of terms external competition extinction extortion extradition extraordinary appeal extraordinary expenses factual error failure to report failure to supervise fair trial false corporate communications family family conflict family law family rights fault favor rei fixed-term contracts fixed-term employment flight delays foreign convicts foreign forum foreign language defendants foreign minors forum of the commission of crimes fragility fraud fraudulent bankruptcy freedom of expression fugitive status fulfillment gambling addiction general intent good faith guarantee limits habitual crime habitual residence habituality Hague Convention hazardous activities HCV health assessment health law healthcare liability healthcare services hearing of the minor heirs highways holographic will Homicide human dignity human rights iatrogenic damage ideological falsehood immigration immunity from seizure impossibility IMU inadmissibility inadmissible appeals inadmissible evidence incitement to corruption incompatibility increase of sentence indemnity indirect donations infidelity inheritance inheritance law inhuman treatments INPS insult insurance insurance law intangible assets intent interest rate international abduction international custody international law interrogation inventory benefit investigations Irap Italian jurisprudence Jealousy joinder of parties joint liability judgment Judgment 16617 judgment 34950/2022 judgment 3767/2018 judgment no. 131 of 2024 judgment no. 17585 judgment no. 25585 judgment no. 39153 judgments judicial error judicial reasoning jurisdiction jurisdiction by value jurisprudence just cause justice justification justifying circumstances labor law lack of interest land invasion land sale landlord liability late filing law Law 219/1981 law 604/1966 Lazio regional law leases leasing legal adulthood legal costs legal entities legal expenses legal fees legal liability legal principles legal profession legal qualification legal reflections legal remedies legal requalification Legislative Decree 81/2008 legitimaries legitimate occupation legitimate share liability liability of directors liability of public entities life insurance limited liability litigation costs Local Taxes logical prejudiciality loss of chance loss of parental relationship mafia mafia association mafia associations maintenance maintenance allowance marital responsibility mediation mediation compensation medical liability medical questionnaire memories Merger by incorporation mild adoption minor abduction minor entity minor offense minors mistreatment mitigating circumstances mitigating factor mobbing money laundering moral damage more favorable law mortgage registration mother's standing motivation narcotic substances narcotics NASpI ne bis in idem new claim non-economic damage non-pecuniary damage non-performance nosocomial infections notarial liability notice of injunction notice of service notification nullity nullity of contracts nullity of the judgment nullity of will obligations obstructive crimes offense offenses subject to complaint omitted examination ongoing crimes opposition opposition to dismissal opposition to enforcement opposition to execution Order order 10795/2024 Order 10939/2024 order 11243 order 15470 order 17401 order 19022 Order 19145 Order 19293 order 2024 Order 20351 order 20871 Order No. 16456 ordinance ordinary disability allowance orphaned grandchildren overruling package travel paper judgment parental authority parental inadequacy parental obligations parental responsibility partial annulment partial invalidity particular slightness of the act passenger rights paternity paternity denial paving payment notice payment notices penal code personal facilitation personal freedom personal injuries plea bargaining pledge potestative condition power of attorney pre-arranged agreement precautionary measures precept predictability of conviction preemption preliminary contract preliminary ruling Presidential Decree 602/1973 Presidential Decree No. 18 of 1967 preventive measures preventive seizure principle of correlation principle of immutability principle of specialty principle of the appearance of the law prison system private violence probation procedibility procedural law procedural representation procedural terms proceedings upon complaint professional liability progressive judgment prohibition of expatriation property rights proportionality protection of minors provision provisional psychiatric evaluation public acts public administration Public Contributions public employment public grants public official public officials public residential building public service punishability purpose loan qualification RCA insurance readmission real estate law real estate values reasoning receipt receiving stolen goods recidivism recovery function reduction of donations referral referral judge reforestation reformatio in peius regional legislation Regulation EC 261/2004 rehabilitation reimbursement of expenses reintegration related crimes relevant error remuneration renewal of proceedings repatriation repeal replacements Republic of Ukraine rescission of the judgment reservation of appeal residence permit resistance evidence responsibility responsibility of judges restorative justice retention right retroactivity return within the deadline review revocability revocation revocation of order revocation of penalty revocation of sentence suspension revocation of spousal support right of complaint right of defense right of reduction right of way right to adjustment right to be heard right to defense rights of the beneficiary risk of default road accident road maintenance robbery ruling ruling 13366 ruling 16462 ruling 16716/2024 ruling 17154/2024 ruling 17320 ruling 18710 ruling 19034/2024 ruling 2023 ruling 2024 ruling 25134 ruling 25274 ruling 26250 ruling 48744 ruling 834/2025 ruling 9570/2024 ruling no. 11622 ruling no. 19976 ruling no. 26721 ruling no. 6433 ruling of the Court of Cassation rulings safety safety of systems sanctions school staff screen company security measures Seismic Events seizure self-defense semi-liberty sentence sentence 11659 sentence 27090 sentence 27466 sentence 45587 sentence 45792 sentence no. 2362 separation separation charge settlement severance pay share capital share transfer shared custody signature simulation slight mitigating circumstance smuggling social security law social service socially useful work solidarity solvency special curator special power of attorney specific intent specific obligation specific performance sponsorship contracts spousal duties spouses' rights stalking Standing state of abandonment statute of limitations statutory clauses stray dogs strict liability students' rights subordination subsidiary liability substantial identity substitute sanctions succession succession of criminal laws succession of laws supplementary declaration support administration support administrator support decree survivor's pension suspension of collection suspension of enforceability suspension of enforcement activities suspension of terms tax acts tax assessment tax collection tax credit tax crimes tax evasion tax fraud tax incentives tax law tax legislation tax offense tax offenses tax return taxes technical consultancy territorial jurisdiction testamentary succession testamentary will testimony TEU theft timelines timeliness timeshare tolerability tolerance torture totalitarian ideologies trafficking Transfer of credit transfer of shares translation of judgments transparency trial in absentia triviality of the act trusted defense attorney Ukraine unauthorized access unavailability unconstitutional illegitimacy unconstitutionality undue compensation undue influence unified contribution unilateral termination United Sections unjust enrichment unlawful act unlawful conduct unlawfully received urban planning certification usury validation of arrest victim protection violation of law violence visitation rights wage rights waiver of appeal grounds wiretapping withdrawal of complaint work-related liability. worker training workplace accidents workplace safety written form