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. 14058 of 2024: Partial Annulment and Extraordinary Appeal

Let's analyze the ruling no. 14058 of 2024 by the Court of Cassation, which clarifies the conditions for the admissibility of extraordinary appeals in the event of partial annulment with referral of the second-instance ruling.

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Analysis of Judgment No. 14074 of 2024: The Victim's Contributory Negligence and the Appeal to the Court of Cassation.

The ruling of the Court of Cassation establishes important principles regarding the victim's shared fault, clarifying the inadmissibility of the appeal to the Court of Cassation by the defendant for the failure to verify the role of the injured party in causing the event.

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Analysis of Judgment No. 14952 of 2024: Relevance of the Declarant's 'Status

The recent ruling of the Court of Cassation provides important insights into the evaluation of testimony in relation to the subjective position of the declarant, highlighting how the judge must consider the justifying factors without the need for in-depth investigations.

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Analysis of Judgment No. 13366 of 2024: Effects of the Correction of Material Errors

The ruling no. 13366 of 2024 by the Court of Cassation clarifies the issue of the reopening of appeal deadlines in the case of correction of material errors, outlining the rights of the defendants and the legal procedures to be followed.

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Personal Favoring and Ongoing Crimes: Analysis of Judgment No. 14961 of 2024

The ruling of the Court of Cassation no. 14961 of 2024 clarifies the implications of personal aiding in relation to continuous crimes, with an examination of the conditions for configurability and legal consequences.

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Commentary on Judgment No. 16468 of 2024: Flaws in Motivation in the DASPO

Let’s analyze the recent ruling no. 16468 of 2024 concerning the validation of the DASPO measure, highlighting the importance of the reasoning and the legal consequences of a flaw in this area.

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Analysis of Judgment No. 15927 of 2024: Substitute Penalties and the Defendant's Solvency.

The ruling of the Court of Cassation highlights the evaluation criteria for the application of substitute penalties, emphasizing the importance of the offender's solvency and the judge's role in decisions regarding monetary sanctions.

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Analysis of Judgment No. 16046 of 2024: Principle of Judge Immutability

Judgment No. 16046 of 2024 of the Court of Cassation provides important insights on the principle of the immutability of the judge, clarifying the conditions under which a panel of judges may legitimately issue a ruling, even if composed differently from the one initially appointed.

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Probation in Social Service: Commentary on Judgment No. 14003 of 2023

The recent ruling of the Court of Cassation clarifies that the inability to work due to age or health does not exclude probation, in the presence of other factors favorable to social reintegration.

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Analysis of Judgment No. 15908 of 2024: Lack of Interest and Legal Costs.

Judgment No. 15908 of 2024 provides important clarifications on the lack of standing in the appeal to the Court of Cassation and the related legal costs. Discover how Italian case law addresses these issues.