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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Ruling No. 49964/2023: The Nullity of General Order and the Right of Defense.

The recent ruling of the Court of Cassation clarifies the limits of nullity due to the failure to communicate the conclusions of the Attorney General and the concept of prejudice in the right to defense.

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Analysis of Judgment No. 49341 of 2023: Appeals and Waiver of Grounds for Appeal.

The recent ruling of the Court of Cassation clarifies the consequences of waiving the grounds for appeal in relation to ongoing offenses and the duration of the unlawful conduct.

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Commentary on Judgment No. 49246 of 2023: Immigration and Residence Permits

The ruling no. 49246 of 2023 by the Court of Cassation clarifies the implications of the issuance of a residence permit for family reasons in the context of illegal immigration, highlighting family rights and related legal provisions.

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Analysis of Judgment No. 49283 of 2023: Changes in the Proceedability Regime

The recent ruling of the Court of Cassation clarifies the implications of the withdrawal of the complaint during the appeal process, highlighting the importance of legal reasoning in relation to perceptual errors.

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Commentary on Judgment No. 48565 of 2023: Renewal of Evidence and Summary Judgment

The ruling no. 48565 of 2023 of the Court of Cassation clarifies the obligations for the renewal of evidence in the event of an appeal from an acquittal judgment issued following an unconditional abbreviated trial, a crucial issue in criminal law.

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Commentary on Judgment No. 50710 of 2023: Plea Bargaining in Appeal and Proportionality of the Sentence

The recent ruling of the Court of Cassation clarifies the limits of review on the penalty in the appeal agreement, highlighting the importance of the appropriateness of the agreed final penalty and the consequences on its calculation.

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Early Release and Obstacles to Offenses: Analysis of Sentence No. 49625 of 2023.

In this analysis, we delve into ruling no. 49625 of 2023, which outlines the criteria for granting early release in cases of permanent obstructive offenses. We explore the legal and practical implications of this important decision.

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Analysis of Judgment No. 49935 of 2023: Recidivism and Prescription in Criminal Law

The recent ruling of the Court of Cassation on qualified recidivism and its effects on the running of the statute of limitations provides important insights for understanding Italian criminal law.

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Analysis of Judgment No. 17316 of 2024: Extradition and Death Penalty

An in-depth analysis of the Supreme Court ruling regarding extradition in cases of death penalty, focusing on Italian legislation and the implications for human rights.

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Judgment No. 16129 of 2024: limits of deductibility in the appeal to the Court of Cassation.

The recent ruling of the Court of Cassation clarifies the limits of deductibility in appeals to the Court of Cassation in cases of plea bargaining, highlighting the choices of the defendant between plea bargaining and ordinary trial.