Court of Cassation: Key Legal Rulings and Precedents

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.

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Commentary on Judgment No. 24220 of 2023 on Child Pornography and Interpretative Overruling.

Analysis of ruling no. 24220 of 2023 regarding the production of child pornography material and the meaning of interpretative overruling in the Italian and European legal context.

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Analysis of Judgment No. 26807 of 2023: Statute of Limitations and Continuing Offenses

Judgment No. 26807 of 2023 highlights important principles regarding the statute of limitations and ongoing offenses, emphasizing the autonomy of criminal offenses and the consequences for the admissibility of appeals. Let us explore the implications of this decision by the Court of Cassation.

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Judgment No. 27622 of 2023: Omitted Examination and Factual Error in the Extraordinary Appeal.

An analysis of ruling no. 27622 of 2023 by the Court of Cassation, which clarifies the conditions under which the failure to examine a ground for appeal does not constitute a factual error. Let us explore the legal principles involved and their implications.

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Contract Fraud and the Right to File a Complaint: An Analysis of Ruling No. 25134 of 2023

The ruling no. 25134 of 2023 by the Court of Cassation clarifies the rights of complaint in cases of contractual fraud to the detriment of legal entities, highlighting the supervisory role of certain internal subjects within the entity.

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Commentary on Judgment No. 27089 of 17/03/2023: Wiretaps and the Right to a Fair Hearing

Let’s explore ruling no. 27089 of March 17, 2023, which clarifies the use of audio interceptions in the deliberation room and the respect for the right to a fair trial. A thorough analysis to understand the legal implications of this decision.

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Judgment No. 25274 of 2023: The Cumulative Application of Aggravating Factors in Robbery.

Analysis of ruling no. 25274 of 2023 on the legitimacy of the cumulative application of aggravating factors in the crime of robbery. Let's explore how Italian jurisprudence interprets the various aggravating factors and their interaction.

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Judgment No. 26721 of 2023: Revocation of Conditional Suspension of Sentence and Limits of the Court of Appeal.

Let's analyze the ruling no. 26721 of 2023 by the Court of Cassation, which clarifies the limits of the revocation of conditional suspension of the sentence and the conditions for appeal, highlighting the applicable regulations and the implications for criminal law.

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Ruling No. 27098 of 2023: Repeated Recidivism and the Limits of Sentence Enhancement.

Analysis of ruling no. 27098 of 2023, which clarifies the effects of repeated recidivism in the context of continued offenses and the limits imposed by the Italian Penal Code.

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Judgment No. 27880 of 2023: Nullity for Failure to Notify the Defender in the Paper Procedure.

Let us analyze judgment no. 27880 of 2023, which highlights the importance of communication with the defense attorney in criminal proceedings, especially during the emergency regulations for the Covid-19 pandemic.

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Commentary on ruling no. 28269/2023: the insignificance of the damage in the crime of robbery.

The Court of Cassation, with ruling no. 28269 of May 31, 2023, clarifies the criteria for the configuration of the mitigating circumstance of minor damage in the context of the crime of robbery, highlighting the importance of a comprehensive assessment of the harmful event.