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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Substitutive semi-liberty: commentary on ruling no. 24438 of 2023

Let us analyze the recent ruling of the Court of Cassation regarding the granting of surrogate semi-liberty, even in cases of conviction for serious crimes, and its impacts on the Italian prison system.

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Commentary on Judgment No. 18 of 2023 of the Constitutional Court: Implications for Criminal Seizure.

Let's analyze ruling no. 18 of 2023 by the Constitutional Court, which declared the illegitimacy of certain provisions regarding criminal confiscation, highlighting the importance of timely protection of creditors' rights.

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European Arrest Warrant and the Right to Defense: An Analysis of Judgment No. 50684 of 2023.

The recent ruling of the Court of Cassation raises important questions regarding the right to legal representation for absent defendants in the context of the European arrest warrant, highlighting the defense guarantees and fundamental rights recognized at the European level.

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Commentary on Judgment No. 50237 of 2023: Illiteracy and Knowledge of the Process.

The recent ruling no. 50237 of 2023 by the Court of Cassation addresses the delicate issue of the rescission of res judicata in relation to illiteracy and knowledge of the proceedings, highlighting how the lack of understanding of the acts does not justify ignorance of the pending proceedings.

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Omission of Notification in the Extradition Proceedings: Commentary on Judgment No. 48467 of 2023

The recent ruling no. 48467 of 2023 by the Court of Cassation emphasizes the importance of notification in the extradition process, highlighting the consequences of its omission on the right of defense of the extradited individual.

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Commentary on ruling no. 48744 of 2023: Abuse of disciplinary purpose.

The ruling no. 48744 of 2023 by the Court of Cassation provides important clarifications on the abuse of correctional measures and discipline in the educational context, highlighting the need for inadequate conduct on the part of the student to justify a disciplinary intervention.

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Ruling No. 48749 of 2023: Defamation and the Right to Defense

The important ruling of the Court of Cassation on the non-exculpation of slanderous statements within the right to defense. An in-depth analysis of judgment no. 48749 of 2023.

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Judgment No. 50235 of 2023: The consequences of non-punishability due to the particular triviality of the act.

Let's analyze ruling no. 50235 of 2023, which clarifies the importance of the judge's decision on the request for civil damages in the event of non-punishability due to the insignificance of the act, in light of the Constitutional Court.

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Judgment No. 49654 of 2023: The participation of the detained defendant in the appeal hearing.

The recent ruling no. 49654 of 2023 clearly establishes that, in the context of the emergency regulations due to Covid-19, detained defendants must request their appearance through their lawyer, highlighting the importance of respecting legal procedures even in exceptional situations.

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Analysis of Judgment No. 49289 of 2023: Legal Costs and Paper Proceedings

The ruling of the Court of Cassation clarifies the inadmissibility of the request for the reimbursement of legal costs if submitted beyond the established deadlines, in the context of the pandemic emergency regulations.