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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Analysis of Judgment No. 38126 of 2024: Reasoning and Obligation of Clarity in Appeal.

Let's explore the recent ruling of the Court of Cassation that clarifies the obligation of reasoning for the appellate judge, excluding the referral 'by relation' to the first instance ruling.

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Judgment No. 39478 of 2024: Uniqueness of the Offense of Improper Tax Compensation.

The ruling of the Court of Cassation No. 39478 of 2024 clarifies the concept of the uniqueness of the crime of undue tax offsetting, analyzing the offsetting of credits of different legal entities and the legal implications for taxpayers.

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Judgment No. 37236 of 2024: Conditional Suspension of Sentence for Illegal Waste Burning

The recent ruling of the Court of Cassation clarifies the limits and responsibilities in the case of illegal waste burning, establishing the obligation for restoration and remediation even for those who are not the landowners.

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Judgment No. 39153 of 2024: Clarifications on Preliminary Ruling Regarding Jurisdiction.

The recent ruling no. 39153 of July 12, 2024 clarifies the conditions for a preliminary ruling to the Court of Cassation regarding territorial jurisdiction, highlighting the importance of a clear determination by the judge.

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Ruling No. 36555 of 2024: Annulment Without Referral and Conditional Suspension of the Sentence.

Let's analyze ruling no. 36555 of 2024, which clarifies the conditions for the recognition of conditional suspension of the sentence in the event of annulment by the Court of Cassation.

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Commentary on Judgment No. 39155 of 2024: Repeal and Succession of Criminal Laws

Let's analyze ruling no. 39155 of 2024, which clarifies the distinction between the repeal of a crime and the succession of criminal laws, providing important insights on the themes of crime and legality.

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Analysis of Judgment No. 37849 of 2024 on Social Dangerousness and Preventive Measures.

The recent ruling of the Court of Appeal of Turin provides important insights on the assessment of social dangerousness, highlighting how pending criminal proceedings can influence preventive measures. Let's learn more about this crucial issue.

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Commentary on Judgment No. 40272 of 2024 on Usury: Clarifications on the Determination of the Rate.

The ruling no. 40272 of 2024 by the Court of Cassation clarifies how tax and fiscal effects should not be considered in the calculation of the usurious interest rate, outlining important principles for the jurisprudence on the issue of usury.

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Commentary on Judgment No. 37470 of 19/09/2024: Referral to New Role and Absolute Nullity

Judgment No. 37470 of September 19, 2024 clarifies the importance of notifying the notice of the scheduling of the new hearing in the event of a postponement. Let us explore the legal implications and consequences for the parties involved.

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Statute of Limitations and Related Crimes: Commentary on Judgment No. 39198 of 2024

The recent ruling of the Court of Cassation addresses the issue of the suspension of the effects of the statute of limitations and its extension to related offenses, clarifying important legal and practical aspects.