Court Cases and Legal Decisions: Articles and Insights

Welcome to the page dedicated to court cases and legal decisions on the Bianucci Law Firm blog. Here you can find a curated selection of articles and insights on various legal topics related to court proceedings and judicial decisions.

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Judgment No. 27411 of 2024: burden of pleading and justification in criminal law.

The recent ruling no. 27411 of 2024 clarifies the burden of pleading for the defendant and the conditions for the recognition of justifying circumstances and exclusion of culpability. A thorough analysis of case law and legal implications.

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European Arrest Warrant: Analysis of Judgment No. 27654 of 2024

The ruling no. 27654 of 2024 provides important insights into the management of European Arrest Warrants, clarifying the competences of the Court of Appeal and the limitations regarding parallel proceedings.

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Judgment No. 27466 of 2024: The Withdrawal of the Complaint in Civil Proceedings Does Not Apply to Criminal Proceedings.

The recent ruling of the Court of Cassation clarifies the importance of the distinction between the withdrawal of a complaint in civil and criminal matters, emphasizing that the commitment to withdraw the complaint in civil proceedings has no value in the criminal process.

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Commentary on Judgment No. 27718 of 2024: Urgent Removal from the Family Home.

Let's analyze the ruling no. 27718 of 2024 that clarifies the emergency eviction procedures from the family home, highlighting the importance of the verbal authorization of the public prosecutor and its validation.

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Analysis of Sentence No. 29174 of 2024: Retroactive Application of Custodial Terms

We explore the recent ruling no. 29174 of 2024, which clarifies the methods for retroactively dating custodial terms and the meaning of identity and diversity between criminal proceedings.

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Analysis of Judgment No. 30040/2024: Wiretaps and Serious Indications.

The recent ruling no. 30040 of 2024 by the Court of Cassation clarifies the limits of the legitimacy review concerning wiretaps and the assessment of the evidentiary weight. Let’s explore the details and legal implications together.

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Driving under the influence and evidentiary burdens: judgment no. 26281 of 2024

Let's analyze the recent ruling no. 26281 of 2024 that clarifies the burden of proof in cases of driving under the influence, highlighting the role of the public prosecutor and the defendant in challenging the effectiveness of the breathalyzer.

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Analysis of Judgment No. 30042 of 2024: the particular triviality of the act in criminal law.

Let's explore the recent ruling no. 30042 of 2024, which clarifies the criteria for assessing the severity of the offense and the applicability of the non-punishability clause for the particular triviality of the act. A useful analysis for understanding the legal implications.

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Judgment No. 26805 of 2024: Nullity and Jurisdiction of Honorary Justices of the Peace in the Court of Review.

Analysis of ruling no. 26805 of 2024 on the nullity of orders issued by honorary justices of the peace in the context of the review court, highlighting the legal and regulatory implications.

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Judgment No. 26798 of 2024: Implicit Challenge of Aggravating Circumstances.

The recent ruling of the Court of Cassation clarifies the limits of the implicit challenge to aggravating circumstances, particularly in the crime of theft, highlighting the need for a precise formulation of the charges.